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EASY LESSONS 



CONSTITUTION 




United States 



SUPERINTENDENT OF THE STERLING SCHOOL, STERLING, ILLINOIS 



INCLUDING THE CONSTITUTION ITSELF, AND THE 
HISTORY OF ITS ADOPTION 



Chicago 37<?2.W 

W. W. KNOWLES & COMPANY 
1891 



V 






Entered according to Act of Congress, in the year 1891, 

by Alfred bayuss, 

In the Office of the librarian of Congress, at Washington, D. C. 



Manufactured by 

W. B. CONK^Y CO., 

Chicago. 



TO TEACHERS. 

'pHESE "Easy Lessons" are intended for young 
learners. The primary purpose is to familiarize 
the beginner with the main provisions of the Con- 
stitution of the United States; but it is believed that, 
incidentally, they can be made the nucleus of a com- 
paratively thorough knowledge of civil government 
as it is exemplified in the United States. Many ques- 
tions are asked which cannot be directly answered 
from, the text, or by reference to the Constitution. 
The aim of some of these is to stimulate thought on 
the part of the pupil, and of others to induce him to 
investigate. To this second end some books of refer- 
ence are absolutely necessary. There should be within 
reach of the pupil half a dozen or more of the best 
manuals of civil government, and a like number of 
the best school histories of the United States. If to 
these can be added Bancroft, Hildreth, The Federalist, 
Wilson's "The State" and Bryce's "American Com- 
monwealth," the average teacher may well consider 
himself fortunate. The teacher who cannot have all 
of these should have as many as possible, and, like 
Oliver Twist, cry for "more." The method of study 
is sufficiently. indicated by the form of the lessons. 
Permit the pupils to pursue the method of reading, 



4 TO TEACHERS. 

investigation, conversation, and discussion. Avoid 
all rote work. The pupils should ask at least as 
many questions as the teacher. If they are allowed 
and encouraged to do so, a wide range of topics not 
even referred to in these pages can be brought in. 
The only limit is the available time. In all matters 
of fact train the pupil to refer to the authorities. In 
matters of opinion train him to think for himself. 
But in this he should be taught that it is the ignorant 
man whose convictions are fixed; that the educated 
man reserves the inalienable right to change his 
opinions on the reception of new light. Above all, see 
that he finds in the story of his country, and the 
framework of her government, a due proportion of 
the material so abundant for the stimulation of that 
intelligent patriotism and sense of personal responsi- 
bility for good government which are the only, but 
sufficient, guarantees of the permanence of our 
peculiar institutions. 
Sterling, Illinois, January, 1891. 



PUBLISHERS NOTE. 

"Easy Lessons" on the Constitution, we are sure, will prove to 
be a valuable and a popular little book. We have watched the 
growth of these "Lessons" with much interest because of the 
great NEED ofmore general and simplified instruction along this 
line. They have stood the test in the "Sterling School," where 
they originated: 1st. On the original plan; 2d. During their 
revision. Having served at least two classes with satisfactory 
results, we have deemed them worthy of publication, and especially 
so, as the author is conservative and thoroughly competent. As 
a teacher on this subject he has no superior. We are willing to be 
held responsible for this statement, and would respectfully invite 
investigation. We are in dead earnest and sincerely believe that 
we need a "revival" on this subject. The fundamental things per- 
taining to an intelligent and a morally responsible citizenship, 
are not emphasized in the schools of our country as they need to 
be. This is not a lecture ; but we don't want any one to read this 
"note" without giving the question further thought — without 
examining the little book to see whether it has not struck the 
key-note of the situation. 

We have given alternate blank leaves, the value of which we 
think will be comprehended at once by the thoughtful teacher and 
by the student also. An excellent general "Outline" for the study 
of any state, including the Declaration of Independence and other 
valuable matter, will be sent, free of charge, to schools using 
"Easy Lessons," and to others at the nominal cost of 10 cents per 
copy or $5.00 per hundred. 

The books of reference referred to by the Author in his preface, 
and any others needed, will be gladly furnished bj^ us, prepaid, at 
the publisher's price. Believing firmly that "Easy Lessons" will 
aid in placing this important subject in a new and more favorable 
light, and that the educational world will at least give them a fair 
hearing, we are 

Very hopefully yours, 

W. W. KNOWLES & CO. 



TABLE OF CONTENTS. 



Lesson I. Introductory. 



Page. 

.. 7 



Lesson II. 

III. 

IV. 

V. 

VI. 

VTI. 

" VIII. 

IX. 

X. 

XL 

XII. 

" XIII. 

" XIV. 

" XV. 

" XVI. 

" XVII. 

" XVIII. 

" XIX. 

XX. 

" XXI. 

" XXII. 

" XXIII. 

" XXIV. 

" XXV. 



THE LEGISLATIVE DEPARTMENT. 

House of Representatives 11 

" " (continued) 15 

The Senate 16 

The Organization of the Two LIouses 20 

Some Provisions Common to Both Houses 24 

How Laws are Made 23 

The Powers of Congress 32 

(continued) 36 

40 

44 

4S 



36 

What Congress Shale Not Do 60 

" " " " (continued) .... 64 

What States May Not Do 67 

THE EXECUTIVE DEPARTMENT 71 

" " " (continued) 75 

70' 

84 

88 

Powers and Duties of the President 92 

THE JUDICIAL DEPARTMENT 96 

Amendments to th2 Constitution 103 



CONSTITUTION OF THE UNITED STATES Ill 

Signers of the Constitution 123 

Ratification of the Constitution 123 

Amendments to the Constitution 124 

HISTORY OF THE CONSTITUTION 129 

Independence Hall 130 

Movement for a General Government 132 

The Convention 136 

Adopted by the States 141 

Suggestion to Teachers..... 143 



Easy Lessons on the Constitution, 



LESSON I. 

INTRODUCTORY. 



If you have never read the ' ' Constitution of the United 
States, ' ' suppose you take the first evening you can spare 
for its perusal. 

When you have done so, see if you are not surprised 
to find how much of it is easy to understand. 

When you have done so, but not before, you will be 
ready to begin its careful study. 

You will do well to keep in mind the following defini- 
tion: ' ' A political constitution is the instrument or com- 
pact in which the rights of the people who adopt it, and 
the powers and responsibilities of their rulers, are de- 
scribed, and by which they are fixed." — Nordhoff. 

We shall see as we progress, how our national consti- 
tution comes under the definition. 

You will observe that the Constitution is divided and 
sub -divided, and also has what may be termed an appendix. 

The divisions are called "Articles." Please count 
them. The sub-divisions are called " Sections." Count 
them, also, and note in your memorandum book the num- 
ber of articles and the number of sections in each article. 
Do not try to memorize the latter at present. 

Notice that the " appendix " is called " Amendments I 
to the Constitution." 

Count the articles in this appendix. Each article is 
usually called an amendment. 



8 BASY LESSONS ON THE CONSTITUTION. 

No part of the Constitution is of more importance than 
the amendments. 

There is also what corresponds to a "preface." You 
have noticed it, and know that it is called by another 
mame. What is it ? 

Ask your teacher to help you distinguish between a 
preamble and a preface. 

Now copy the following : 

PREAMBLE 

We, the people of the United States, 

i. In order to form a more perfect union, 

2. Establish justice, 

3. Insure domestic tranquility, 

4. Provide for the common defense, 

5. Promote the general welfare, and 

6. Secure the blessings of liberty to ourselves and our 
posterity, 

Do ordain and establish this Constitution for the United 
States of America. 

Observe that this preamble is not only an exposition of 
the intents and purposes of the Constitution, but contains 
also in the words : ' ' We, the people of the United States, 
* * '* do ordain and establish this Constitution," 
what the lawyers sometimes call the enacting clause. 

The numbered lines state the purposes and objects. 
They are all explicit, except one. In the line numbered 
5, there are two words which occur elsewhere in the Con- 
stitution, and which have been the occasion of much dif- 
ference of opinion. 

Ask your teacher which are the words, and see if you 
can think of, or discover in your reading, any ground for 
discussion growing out of their, use. 

Commit the preamble to memory. 



EASY LESSONS ON THE CONSTITUTION. 
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THE LEGISLATIVE DEPARTMENT, 11 

LESSON II. 

THE LEGISLATIVE DEPARTMENT. 

REVIEW.— 1. What is a political constitution ? 2. Write the 
preamble. 3. How many articles in the constitution ? 
4. How many amendments to it ? 5. To what does 
each of the first three articles relate ? 

1 ' The power of making laws is the supreme power in 
a state, and the department in which it resides will nat- 
urally have such a preponderance in the political system, 
and act with such mighty force upon the public mind, 
that the line of separation between that and the other 
branches of the government ought to be marked very dis- 
tinctly, and with the most careful precision." — Kent. 

We shall see as we proceed how far the constitution of 
the United States conforms to this idea. It is r ot quite 
true, as is sometimes said, that the three greac depart- 
ments of government are separate and distinct from one 
another. 

Read the first section of Article I. 

In what body are the legislative powers of he United 
States vested ? Name the branches of congi ss. 

Some political writers maintain that the plan of a legis- 
lature consisting of two branches is not the wisest. We 
shall return to this question later. Let us now study the 

HOUSE OF REPRESENTATIVES. 

Verify the following by comparison with the exact lan- 
guage of the Constitution. 

I. It is composed of members chosen every second year 
by the people of the several states, who are qualified elec- 
tors of the most numerous branch of the legislature of the 
state to which they belong. 



12 EASY LESSONS ON THE CONSTITUTION. 

2. The legislature of each state prescribes the time, 
place, and manner of holding elections for representatives. 
Read the fourth section of Article I and note the power 
reserved to congress. 

3. Representatives shall be apportioned among the sev- 
eral states according to their respective numbers, count- 
ing the whole number of persons in each state, excluding 
Indians not taxed. (XIV amendment.) 

4. A representative must : 

(a) Have attained to the age of twenty-five 

years. 
(J>) Have been seven years a citizen of the 

United States. 
(V) When elected, be an inhabitant of the state 

in which chosen. 

5. Members of the house of representatives enjoy some 
privileges which other citizens do not. They are also 
disqualified from certain privileges which other citizens 
enjoy. Read Art. I, Sec. 6 and the XIV amendment, 
Sec. 3, and make a list of these disqualifications. 

Note. — The first congress went into operation in 

— .* The duration of " a congress" is 

years. The congress expiree! March 4, . 

Is congress in session now ? If so, what congress ? 

*Let the pupil supply the blanks. 



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THE LEGISLATIVE DEPARTMENT. 15 

LESSON III. 

THE LEGISLATIVE DEPARTMENT. 

House of Representatives (Continued). 

REVIEW. — 1. What are the three departments of government ? 
2. What is the subject of Article I? 3. How many- 
sections does it contain ? 4. Which is the supreme 
power in a state ? 5. Of what branches does congress 
consist ? 6. How is the house of representatives com- 
posed? 7. Who may vote for representatives? 8. 
How are representatives apportioned? 9. How may 
the apportionment to any state be reduced? 10. 
What are the qualifications of a representative ? (Pu- 
pils should endeavor to be exact. Refer at once to 
the constitution itself in all cases of doubt.) 

If you cannot answer question 9 in the review, read 
again the XIV amendment, Sec. 2. 

' ' The number of representatives shall not exceed one 
for every 30,000, but each state shall have at least one 
representative." Art. I, Sec. 2 (3). The population 
for one representative (basis of representation), is fixed by 
the congress. It has increased from 33,000 in 1789 to 
151,912 in the decade ending 1893, and the number of 
representatives has increased from sixty-five to 332. 

"When vacancies happen in the representation from 
any state, the executive authority (governor) thereof 
shall issue writs of election to fill such vacancies." Art. 
I, Sec. 2 (4). Vacancies are often caused by death, less 
often by resignation and most rarely by expulsion of the 
incumbent. When a vacancy occurs and a person is 
elected to fill it, he is elected only for the unexpired term 
of the person who vacated the office. 

The house of representatives has three so-called ' ' sole 
powers. ' ' 



16 EASY LESSONS ON THE CONSTITUTION. 

i. The sole power of impeachment. Art. I, Sec. 2 (5). 

2. The sole power of originating bills for raising rev- 
enue. (Art. I, Sec. 7). 

3. The sole power of choosing a president of the United 
States, in a certain contingency to be noted hereafter. 
(XII amendment). 

Commit to memory these three ' ' sole powers." Refer 
to them in the Constitution. Locate them, so that you 
can at once point to each in case of necessity. 

Consult the dictionary for the word " impeachment," 
and your history for facts, and then determine in your 
own mind whether any president of the United States has 
been impeached, after which take the opinion of an older 
friend and see how you agree. Remember that impeach- 
ment does not remove the liability to trial and punish- 
ment under the law. 



LESSON IV. 
THE LEGISLATIVE DEPARTMENT. 

The Senate, 

REVIEW. — 1. In case of the death or resignation of a member of 
the house of representatives, how is the vacancy filled? 
2. Name the three sole powers of the house of repre- 
sentatives. 3. What is the meaning of the word im- 
peachment ? 4. Was President Johnson impeached ? 
5. Name the presidents elected by the house of repre- 
sentatives. 

The United States senate is composed of two senators 
from each state. A senator must be at least thirty years 
of age. He must have been nine years a citizen of the 
United States. When elected he must be an inhabitant 
of the state for which be is chosen. 



EASY LESSONS ON THE CONSTITUTION. 

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EASY LESSONS ON THE CONSTITUTION. 

NOTES. 
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THE LEGISLATIVE DEPARTMENT. 19 

The senatorial term is six years. 

Senators are chosen by the legislatures of the several 
states, 

One- third of the whole number of senators is chosen 
every second year. 

Bach senator has one vote. 

If a vacancy occurs in the senate, in case the legisla- 
ture of the proper state is not in session, the executive 
thereof (governor), may make a temporary appointment 
until the next meeting of the legislature, which shall then 
fill the vacancy. 

Verify these statements. (Art. I, Sec. 3). 

What ' ' sole power ' ' does the Constitution give to the 
senate ? How often has this power been exercised ? • 

Observe that while representatives are apportioned 
among the several states according to their respective 
numbers (XIV amendment), the states have the same 
number of representatives in the senate. This is one of 
several compromises between the large and small states. 
Under the confederation, congress consisted of but one 
house. In it each state had one vote and only one. 
The small states clung to their unequal share of power 
with great tenacity. For instance, the members of the 
constitutional committee from Delaware were prohibited 
by their credentials from voting to change the article in the 
confederation establishing an equality of votes among the 
states, and little Rhode Island even refused to be repre- 
sented in the constitutional convention, and did not ac- 
cept the constitution until after Washington had been 
inaugurated. 

The result was that the large states yielded one point 
and the small states another in the interest of a "a more 
perfect union." 

In which house do you think there is the truest equality 
of representation ? 



20 EASY LESSONS ON THE CONSTITUTION. 

LESSON V. 
THE LEGISLATIVE DEPARTMENT. 

The Organization of the Two Houses. 

REVIEW. — 1. How many members of the senate are there? 2. 
How are senators chosen? 3. For how long? 3. What 
are the qualifications of a senator? 5. How are va- 
cancies in the senate filled? 

1 'The house of representatives shall choose their speaker 
and other officers " (Art. I, Sec. 2.) " The senate shall 
choose their officers, and also a president pro tempore, in 
the absence of the vice-president, or when he shall exer- 
cise the office of president of the United States." (Art. 
I, Sec. 3.) Who is president of the senate? (Art. I, Sec. 
3.) But for this provision the second officer of the 
United States would have no public duties while the presi- 
dent lived. As he has no vote, except when the senate 
is equally divided, the plan is admirably adapted to give 
that body an impartial presiding officer. 

The presiding officer of the house of representatives is 
called the speaker. He is a member of the house, and 
his power to affect legislation is very much greater than 
the vice-president's. 

The senate committees are appointed by the senate 
itself, but the house committees are appointed by the 
speaker. As the committees are very numerous, and 
subjects of legislation, even of the highest importance, can 
be fully considered only in the committees to which 
they are referred, it will readily appear that he can do 
much to shape legislation, while the vice-president, by 
virtue of his office, can do nothing. 

The other officers of the house of representatives are 
the clerk, sergeant- at- arms, door-keeper, postmaster and 



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EASY LESSONS ON THE CONSTITUTION. 
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THE LEGISLATIVE DEPARTMENT. 23 

chaplain. The officers of the senate are a president pro 
tempore, secretary, chief clerk, sergeant-at-arms, door- 
keeper and chaplain. 

Which of these is a member of congress? (Art. I. 
Sec. 3.) 

In the event that the vice-president is called to exer- 
cise the office of president of the United States, the presi- 
dent pro tempore receives the salary of a vice-president. 
In this case, also, he is frequently, but inaccurately, re- 
ferred to as the vice-president. 

The constitution nowhere mentions what is sometimes 
called the ' ' third house, ' ' but more commonly the 
"lobby." It is customary for persons interested in 
pending legislation to employ others, having, or supposed 
to have, influence with members of congress to urge the 
passage of the bills in which they are interested. As 
long as the means employed are legitimate, this is not 
improper. But ' ' lobbyist ' ' has become a term of re- 
proach, and many fear that good legislation, which in 
this country means an untrammeled expression of the 
will of the people, is not advanced by this agency. 

The young student who is interested in the details of 
the organization of the government, can learn a great deal 
from the Congressional Directory, a copy of which can 
sometimes be obtained through his member of congress. 
Every member of congress is addressed as "Honorable," 
and the house to which he belongs is indicated thus: 

Hon. Thos. J. Henderson, M. C. 

Washington, 

' D. C. 
or 

Hon. Shelby M. Cullom, U. S. S., 

Washington, 

D. C. 



24 EASY LESSONS ON THE CONSTITUTION. 

LESSON VI. 
THE LEGISLATIVE DEPARTMENT 

Some Provisions Common to Both Houses. 

REVIEW. — 1. Who is, ex-officio, presiding officer of the senate? 
2. What is the title of the presiding officer of the 
house of representatives? 3. Can you explain how 
the speaker possesses more power (over legislation), 
than the vice-president? 4. Name the officers of 
each branch of congress. 5. What is a lobbyist? 6. 
Address an envelope to your member of congress. 

We have seen how the congress of the United States is 
composed and organized. There are certain general pro- 
visions relating to both houses which are very interesting 
and important. 

i. " Each house is the judge of the elections, returns 
and qualifications of its own members." This provision 
was copied from a similar one in relation to the British 
house of commons, and has in turn been copied by every 
state in the union as regards the legislatures. It is a 
provision of the first importance in a representative gov- 
ernment like ours. A representative government that is 
pure and genuine is the best for an intelligent and pro- 
gressive people. A representative government that is 
impure and spurious is the worst for any people. In de- 
termining whether an election has been regular and gen- 
uine, the houses act in a judicial capacity. 

2. "A majority of each house is a quorum." The 
definition of " quorum " in Webster's dictionary, is very 
interesting reading. The British house of commons may 
transact business if twenty members are present. In the 
house of lords, which corresponds somewhat to the sen- 
ate, three members constitute a quorum. Which consti- 



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THE LEGISLATIVE DEPARTMENT. 27 

tution do you consider the better in this respect? Give a 
reason. What power does the constitution give to a less 
number than a quorum? 

3. " Bach house determines the rules of its proceed- 
ings; may punish its members for disorderly conduct, and 
with the concurrence of two-thirds, may even expel a 
member. ' ' 

4. Each house is required to keep a journal of its pro- 
ceedings, publish such parts as do not require secrecy and 
to enter therein the yeas and nays of the members on any 
question ' ' at the desire of one-fifth of those present. ' ' 
What reason can you think of for this provision? State 
it in writing in as few words as you can. 

5. ■ ' Neither house during the session of congress shall 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting. ' ' Why? See if you can find 
and state the reason for the five italicized words. If it 
does not occur to you, take the question under consider- 
ation for some days before you permit your teacher to ex- 
plain it to you. 

On what day must congress meet? How long may it 
continue in session? When was the fifty-first congress 
organized? Its first, or long session adjourned Septem- 
ber, 1890. When did its last session adjourn? Distin- 
guish between ' ' the congress ' ' and ' s a congress. ' ' The 
senate is said to be " a continuous body." Explain. 



28 EASY LESSONS ON THE CONSTITUTION. 

LESSON VII. 
THE LEGISLATIVE DEPARTMENT. 

How Laws Are Made. 

REVIEW. — 1. Who is the judge of the validity and regularity of 
the election of a member of congress? 2. What is 
a quorum ? 3. What powers are given to a less num- 
ber than a quorum? 4. What is the- provision in 
regard to a journal of proceedings? 5. When must 
the yeas and nays be entered on the journal ? 

The congress of the United States is the legislative or 
law-making department of the government. Section 7 
of Art. I contains certain fundamental provisions for the 
guidance of congress in the exercise of its prerogative. 
Let us examine some of them. A bill is a proposed law. 
A bill may become a law in three ways: 

1. When it shall have passed both houses and been 
signed by the president. 

2. If the president does not approve a bill, he may 
veto it, as it is called. That is, he may return it, with a 
statement of his objections, to the house in which it 
originated. That house must then cause the objections 
to be entered at large on its journal and proceed to recon- 
sider the bill. Should two-thirds of the members, after 
reconsideration, vote to pass the bill, it must be sent, 
with the president's objections, to the other house, in 
which the procedure just described is repeated. If ap- 
proved by two-thirds of that house, it becomes a law 
without the president's signature. 

3. A bill may become a law by what is sometimes 
called a " pocket veto." If a bill is not returned by the 
president within ten days after it is presented to him, it 
becomes a law without his signature, unless congress, by 
adjournment in the meantime, prevents its return. 



EASY LESSONS ON THE CONSTITUTION. 
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EASY LESSONS ON THE CONSTITUTION. 

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THE LEGISLATIVE DEPARTMENT. 31 

Verify these statements carefully. What reason can 
you see for the exception to the rule in the case of the 
pocket veto ? 

Most bills are prepared for the consideration of con- 
gress by committees. The standing committees in the 
house of representatives are appointed by the speaker, 
but in the senate they are appointed by the members 
themselves. They are as numerous as the different sub- 
jects upon which congress may be called to make laws. 
It is considered a special honor to be chairman of an im- 
portant committee. In appointing committees, the 
speaker must consider not only the fitness of individuals, 
but the claims of different parts of the country, in order 
to avoid sectional jealousy. 

Ask your teacher for the names and duties of some of 
the leading committees. Of what committees is the rep- 
resentative from this congressional district a member? 
The leader of the house of representatives is usually 
chairman of the committee on ways and means. That 
committee is charged with the duty of devising ways to 
raise money for the support of the government. Why 
has the senate no such committee ? 

In addition to these constitutional rules for law-mak- 
ing, the rules of the two branches of congress require the 
observance of still other forms. One of these requires a 
bill to be read three times, each time on a different day, 
before it can be passed. The object of this rule is to 
guard against hasty action. 

The purpose of the president's veto is analagous. In 
spite of all rules, the action of congress may sometimes 
be ill-considered. In England the sovereign has an abso- 
lute veto, which, however, has not been used for a cen- 
tury or more. The president's veto is a conditional or 
qualified one. Why ? Which is the better provision ? 



32 EASY LESSONS ON THE CONSTITUTION. 

Why ? What can you say of the origin and meaning of 
the word veto ? 

Some good citizens believe that the president should 
not have even the modified veto power. Give the argu- 
ments ior your opinion. 



LESSON VIII. 
THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW.— 1. What is a bill? 2. .State clearly each of the 
three ways by which a bill may become a law. 
3. What is meant by the veto power ? 4. What is 
its purpose ? 5. In which branch of congress must 
bills for raising revenue originate? Why? 6. Why 
has the senate no committee of ways and means? 

The eighth section of Art. I is generally considered 
pretty dry reading by young students of the Constitution. 
But there is no part of this great instrument that touches 
our everyday life and affairs at more points. It is a 
somewhat special enumeration of certain subjects on 
which congress shall have power to legislate. It is not 
an easy section. But on account of its great importance, 
it is hoped that all who read these lessons will be spe- 
cially attentive to it. 

No government can exist without resources. The 
foundation of the financial resources of our government 
may be found in the following clauses: 

Congress shall have. power: 

i. To lay and collect taxes, duties, imposts and ex- 
cises. 

2. To borrow money on the credit of the United 
States. 



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THE LEGISLATIVE DEPARTMENT. 35 

3. To dispose of the territory belonging to the United 
States. 

4. To dispose of other property of the United States. 
In general, the authority to disburse the resources 

rests upon the following powers: 

1. To pay the debts of the United States. 

2. To provide for the common defense. 

3. To provide for the general welfare. 

The power to tax belongs to every government. It is 
an indispensable power, because governments cannot be 
carried on without money. Taxes may be direct or indi- 
rect. The former have very rarely been levied by the 
United States. When levied they must be apportioned 
among the several states in the same manner as repre- 
sentatives are apportioned. 

Direct taxes are such as are levied on land and other 
property, or on individuals, as the poll taxes. Indirect 
taxes are levied on articles used, of which each person 
pays in proportion to the quantity he uses. Duties, im- 
posts and excises must be uniform throughout the 
United States. 

Duties on exports are prohibited by the Constitution. 
Duties on imports are of two kinds, specific and ad va- 
lorem. Both kinds of duties are sometimes levied on the 
same article. 

Duties and imposts refer to articles imported. Excises 
refer to articles made and used within the country. The 
greater part of the ' ' internal revenue ' ' of the United 
States is at present derived from taxes on liquor and 
tobacco. 

What is a custom house ? What is a port of entry ? 
What is smuggling ? What is a tariff? 

The question of taxation has divided the wisest and 
best statesmen of our country from the beginning. Some 



36 EASY LESSONS ON THE CONSTITUTION. 

of the most angry debates in congress, as well as the 
bitterest political animosity both in and out of congress, 
have had their origin in the tariff question. The laws 
of different nations and the theories of political econo- 
mists are about equally varied. In this country the idea 
of direct taxation by the general government is decidedly 
unpopular, and excises are measurably so. Hence the 
main question in congress is whether the tariff shall be 
for revenue with incidental protection, or for protection 
with revenue incidental. 



LESSON IX. 
THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW. — 1. Name the four powers of congress over the re- 
sources of the country. 2. Name the powers of con- 
gress in regard to the disbursements. 3. Dis'inguish 
between direct and indirect taxes. 4. Which kind 
of taxes are chiefly levied by our government? 5. 
What is "internal revenue ? " 

Beside the power to tax in any manner thought expe- 
dient, and to disburse the revenues of taxation for the 
general welfare, congress is given power to regulate com- 
merce : 

i. With foreign nations. 

2. Among the several states. 

3. With the Indian tribes. 

Previous to the adoption of the Constitution, each state 
exercised this important power for itself. Conflicting in- 
terests induced rivalry, rivalry retaliation, and retaliation 
the prostration of commerce. So this provision may be 



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THE LEGISLATIVE DEPARTMENT. 39 

considered as the result of an object lesson in the school 
of experience. 

Nor is it less important that congress should have 
power to regulate commerce among the states. Suppose, 
for example, that a cargo of tea landed in NewYork, having 
paid duties to the national government, could not be sold 
in Illinois without the payment of additional duties to 
that state, and so throughout the Union. It is easy to 
see that unlimited confusion of trade regulations might 
be the result. Instead w T e enjoy the blessing of absolute 
free trade within the broad limits of the United States. 

In addition to the power to regulate commerce, certain 
other powers affecting commerce are granted, as the 
power. 

1. To coin money. 

2. To regulate the value thereof. 

3. To regulate the value of foreign coin. 

4. To fix the standard of weights and measures. 

5. To provide for the punishment of counterfeiting. 

6. To establish uniform laws on the subject of bank- 
ruptcy. 

Find each of the provisions in regard to commerce. 
See if any have been overlooked. What is commerce? 
Which provisions refer directly to commerce? Which in- 
directly? Money is coined at an establishment called a 
mint. The United States mint is at Philadelphia, and 
there are branches at San Francisco, Carson City, Denver, 
and New Orleans. There are what are called assay 
offices at New York, St. L,ouis, Charlotte, N. C, Boise 
City, Idaho, and Helena, Mont. At any of these places 
gold or silver bullion will be received, tested, and ex- 
changed for its value in coin or stamped bars. 

While congress has exercised fully the power to coin 
money, some other commercial powers, as the establish- 



40 EASY LESSONS ON THE CONSTITUTION. 

ment of uniform bankruptcy laws, have rarely been ex- 
ercised, and yet others has the power to fix the standard 
of weights and measures, not at all. 

Name the gold and silver coins of the United States. 

Compare the decimal system of currency with that of 
Great Britain. 

The difference between the metric system of weights 
and measures, and in their favor, and the borrowed Eng- 
lish standards, in general use, is greater than between 
money measures. But notwithstanding its obvious ad- 
vantages, the metric system, legalized permissively for a 
quarter of a century, remains unpopular, and is far from 
coming into general use. 



LESSON X. 
THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW.— 1. What is commerce? 2. What power does the 
constitution give congress in regard to commerce? 
3. State the powers granted to congress in regard to 
money. 4. In regard to weights and measures? 
5. What is money? 6. What is a mint? 7. Where 
is the United States mint? 8. Where are its princi- 
pal branches? 

Congress has power: 

i. To establish post-offices. 

2. To establish post-roads. 

This, of course, implies the power to make all necessary 
postal regulations. The post-office department is under 
the general superintendence of a member of the cabinet. 
He is called the postmaster-general. He appoints most 



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THE LEGISLATIVE DEPARTMENT. 43 

of the postmasters, lets the contracts for carrying the 
mails, and establishes new post-offices, — acting at all 
times in accordance with laws made by congress. The 
postmasters for the larger offices, however, are appointed 
by the President. 

The splendid postal facilities enjoyed in this country 
to-day can be best appreciated by comparison with those 
of former times. Fifty years ago it cost six cents to send 
a letter thirty miles or under, and to send a letter over 
thirty and less than eighty miles cost ten cents. The 
scale of prices increased to twenty-five cents for each let- 
ter conveyed over 400 miles. Now a letter may be sent 
anywhere in the United States for two cents, and to any 
civilized country in the world for five cents. Already 
one great political party has professed in its platform to 
favor the reduction of letter postage to one cent, and per- 
haps before these pages are printed congress will have a 
definite proposal to that effect under advisement. 

A further extension of the usefulness of this great de- 
partment may come soon in the form of a system of postal 
telegraphy. In some countries the telegraph has already 
been attached to the postal service with good results. 
Although the constitutionality of a similar course in this 
country has been questioned, those who favor it are in- 
creasing in number and influence. It is certain that the 
telegraph is a potent agency in modern civilization. This 
is pre-eminently a commercial age and whatever promotes 
commerce, promotes in a very comprehensive sense the 
general welfare. The advocates of a postal telegraph say 
that cheap telegraphy is a necessity. When congress be- 
lieves that "we, the people," think so too, that body will 
not be slow to legislate on the question in harmony with 
the fundamental law. 

I^et the pupil learn by inquiry how mail matter is 



44 EASY LESSONS ON THE CONSTITUTION. 

classified, also how to obtain postal money-orders and 
postal notes. 

Why is it not necessary for the government to establish 
post roads? 



LESSON XI. 

THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW. — 1. What branch of the government is charged with 
the duty of establishing post offices? 2. What offi- 
cial is at the head of the postal service? 3. Compare 
the postal facilities of the present with those of fifty 
years ago. 4. What constitutes second class mail 
matter? 5. What is a postal money order? 6. What 
is a postal note? 

Congress has power: 

To provide for the progress of science and the useful 
arts by securing, for limited times, 

i. To authors, the exclusive right to their own writ- 
ings, and 

2. To inventors, the exclusive right to their own in- 
ventions. 

This beneficent power is exercised by means of "copy- 
rights" and "patents." 

A copyright may be obtained by any citizen or resident 
of the United States by simply sending a printed copy of 
the title of the book, or description of the engraving, 
map or chart, as the case may be, to the Librarian of 
Congress, at Washington, before publication, and two 
copies of the work after publication, and the payment of 
a small fee. 



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THE LEGISLATIVE DEPARTMENT. 47 

A copyright is valid for twenty-eight years. At the 
end of that time an author, if living, or if dead, his legal 
representatives, may obtain an extension of the time for 
fourteen years. 

The steps are very simple, the cost very small, and the 
protection very valuable. Let the pupil look on the title 
page, or page following, of any of his books and note 
form of the notice of copyright. 

A patent is a written instrument by which the inventor 
of a useful art, machine, manufacture, or composition of 
matter, or any new and useful improvement of them, is 
allowed the monopoly of their manufacture and sale for a 
term of seventeen years. The steps in obtaining a patent 
are more numerous and intricate and the cost considerably 
greater than for a copyright. 

The patent office is a branch of the department of the 
interior, and is under the control of an officer called the 
commissioner of patents. 

Thousands of patents are issued every year. American 
inventors can obtain patents, but American authors can- 
not obtain copyrights in foreign countries. Authors, 
especially of this country and Great Britain, are earnestly 
agitating for what is called an international copyright, a 
bill providing for which caused a very interesting debate 
in the Fifty-first congress,. but failed to pass. 

It would be a valuable exercise for the pupil to compile 
from the speeches in congress, and other sources, the 
arguments for and against any proposed law, forming 
his own opinion of the comparative weight of argument, 
and the merits of the measure. 

The bill just referred to would be a good one for this 
purpose. 



48 EASY LESSONS ON THE CONSTITUTION 

LESSON XII. 

THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW.— 1. What is a copyright? 2. How is a copyright 
obtained ? 3. What is a patent ? 4. Of what depart- 
ment of the government is the patent office a branch? 

5. What do you understand by international copyright? 

6. State the best reasons you can in favor of it. 
Against it. 

Congress has power : 

To establish a uniform rule of naturalization . Natural- 
ization is the legal process by which a foreigner becomes 
a citizen. To become a citizen of the United States a 
foreigner must, 

Declare, on oath, before a competent court, that he 
intends in good faith to become a citizen of the United 
States. This is called the "declaration of intention," 
and may be made at any time after the foreigner becomes 
a resident. After making it the would-be citizen is said 
to have " taken out his first papers." 

2. Two years after the " declaration of intention " he 
may take the oath of allegiance and become a citizen, 
provided he has been a resident of the United States for 
five years, and one year a resident of the state in which 
the oath is taken. The period of residence, and the good 
character of the applicant must be proven by witnesses 
under oath, to the satisfaction of the court. 

A foreigner who has served one year in the United 
States army and been honorably discharged, may become 
a citizen by taking the oath of allegiance. 

Minor children become citizens on the naturalization of 
the father. 



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THE LEGISLATIVE DEPARTMENT. 51 

When foreign territory has been annexed to the United 
States, congress has naturalized the people thereof en 
masse, and without the five years' residence. 

Many thoughtful and patriotic citizens believe there is 
reason for alarm at the increasing number of foreigners 
annually pouring into this country. It is held, too, that 
the danger is greatly increased by the great number of 
alleged fraudulent naturalization papers issued in the 
large cities. There can be no doubt that the indiscrimi- 
nate admission of foreigners to residence and citizenship 
is a source of danger to the republic. But our country 
is yet young and those who are not emigrants to-day are 
the descendants of those who were emigrants but yester- 
day. The true ground would seem to be that intelligent 
emigrants who come with sound minds in sound bodies, 
and in sympathy with our free institutions, honestly 
seeking to better their condition in life and to make 
homes here are a source of strength and ought to be wel- 
comed. But the vicious and the imbecile and all who 
are opposed to our form of government and American 
institutions, are a source of weakness and it is a duty of 
government to deny them admission. 

What proportion of the population of the United States 
is foreign born ? From what countries do most foreigners 
come ? What is a citizen ? Who are citizens of the 
United States? (XIV amendment.) Are women citi- 
zens? What are the qualifications of voters in your 
state? Should they, in your opinion, be extended or 
abridged ? 



52 EASY LESSONS ON THE CONSTITUTION. 

LESSON XIII. 

THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW. — 1. Describe fully the process of naturalization. 2. 
What concessions are made for military service? 3. 
Who are citizens of the United States? 4. Of the state 
in which you live ? 6. What kind of emigrants do 
you believe are a source of strength to our country? 

Congress has power : 

"To define and punish piracies and felonies commit- 
ted on the high seas, and offences against the laws of 
nations.' ' 

To declare war. 

To raise and support armies. 

To provide and maintain a navy. 

Piracies, once very common offences, are almost un- 
known now. Any crime which, if committeed within 
the body of the country, would be punishable with death, 
is treated as piracy if committed on the high seas. The 
slave trade has long been declared piracy. 

The power to declare war is in most countries an attri- 
bute of the executive department. 

Note the restrictive provision attached to the power to 
raise and support armies. In practice the appropriations 
are made annually. What harm do you think might 
come to the republic if congress had power to appropriate 
money for an indefinite period ? 

The standing army of the United States is very small. 
It is recruited by voluntary enlistment, usually for five 
years. The supply of officers is maintained by the 
United States military academy at West Point. This 
school was first proposed by Alexander Hamilton. The 



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THE LEGISLATIVE DEPARTMENT. 55 

course of study is very complete, the instruction thor- 
ough, and the discipline strict. There is one student, 
called a cadet, for each representative district, and ten 
more appointed especially by the president. In a similar 
manner the naval academy at Annapolis, proposed by 
the historian Bancroft when he was secretary of the 
navy, supplies officers for the navy. 

What body makes rules for the government of the land 
and naval forces ? 

Congress also has power : 

"To provide for the calling forth- and organizing the 
militia of the several states." 

For what three distinct purposes may this power be 
exercised ? 

How often has congress exercised this power ? 

For what purpose was it exercised in 1 8 1 2 ? 

In 1846? In 1861 ? 

Who is commander of the militia when called into 
actual service ? 

What and where is the District of Columbia ? How is 
it governed ? By virtue of what clause in the constitu- 
tion? 

At the organization of the government there was much 
jealousy, chiefly between New York and Philadelphia, 
over the location of the capital. Each of these cities de- 
sired the honor and the local advantages of the location. 
The wisdom of giving up a particular portion of the 
country as the seat of the national government can hardly 
be questioned. 



56 EASY -LESSONS ON THE CONSTITUTION. 

WESSON XIV. 

THE LEGISLATIVE DEPARTMENT. 

The Powers of Congress. 

REVIEW. — 1. Name the war powers given to congress by the 
constitution. 2. Why is it wise to limit the power 
of congress to appropriate money for war purposes? 
3. By whom are the army regulations made? 4. For 
what purpose may the militia of the states be called 
into the service of the United States? 5. Describe 
the government of the District of Columbia. 

We come now to the most comprehensive and far-reach- 
ing clause in this important section of the Constitution. 
Patrick Henry, who did not favor it, called it the ''sweep- 
ing clause." It was vigorously opposed in the conven- 
tion, and much of the opposition to the adoption of the 
constitution by the states was caused by its insertion. 

Congress shall have power: 

' ' To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the govern- 
ment of these United States, or in any department or offi- 
cer thereof. ' ' 

Sweeping as this clause unquestionably is, it is not 
easy to see any grant of power in it which congress might 
not reasonably assume without it. And, indeed, the 
commentators are agreed that the granting of any power 
implies the necessary means for carrying it out. Chief 
Justice Marshall says: "A power vested carries with it 
all those incidental powers which are necessary to its 
complete and efficient execution. ' ' ' 'The Constitution, ' ' 
says the same high authority, ' ' is intended to endure for 
ages to come, and consequently to be adapted to the 



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THE LEGISLATIVE DEPARTMENT. 59 

various crises of human affairs. Let the end be legiti- 
mate, let it be within the scope of the Constitution, and 
all means which are appropriate, which are plainly 
adapted to the end, which are not prohibited, but consist 
with the letter and spirit of the Constitution are con- 
stitutional." 

And yet the original and all succeeding divisions of the 
people of the United States into two great parties, may 
be traced fundamentally to this clause. The followers of 
Hamilton, under whatever name, have continued to ad- 
vocate, and when in power, practice a liberal construc- 
tion, while the followers of Jefferson have favored the 
strict construction, though sometimes, as notably in con- 
nection with the magnificent Louisiana purchase, its ad- 
vocates have found the opposite interpretation consistent 
with sound statesmanship. Jefferson is often quoted as 
saying that he stretched his power ' ' till it cracked ' ' on 
that occason, but the verdict of history is that the fame 
of the author of the Declaration of Independence is in no 
wise diminished, but brighter and more enduring on ac- 
count of the part he took in the purchase of Louisiana. 

Does the Constitution anywhere authorize congress or 
the president to buy territory? Decide whether the Lou- 
isiana purchase was constitutional, and state, in writing, 
as well as you can, your reason. Do the same with the 
Alaska purchase. 

A writer on the Constitution says " this provision (the 
sweeping clause) seems to be among the wisest to be found 
in the Constitution. ' ' Do you agree with him? 

In the next two or three lessons we shall consider what 
congress may not do. 



60 EASY LESSONS ON THE CONSTITUTION. 

LESSON XV. 
THE LEGISLATIVE DEPARTMENT. 

What Congress Shall not Do. 

REVIEW. — 1. Name the powers over the resources of the United 
States granted to congress. 2. Over congress. 3 
Money. 4. Postal affairs. 5. Patents. 6. Copy- 
rights. 7. Crimes. 8. War. 9. Naturalization. 
10. The District of Columbia. 

Having in mind certain abuses of power which had 
grown up in the mother country, the framers of the Con- 
stitution placed certain definite restrictions on the law- 
making power. The wisdom of their action in this re- 
spect is beyond question. L,et the pupil verify the fol- 
lowing table by comparison with Sec. 9 of Art. I: 

1 . The writ of habeas corpus shall not be suspended. 

2. No bill of attainder shall be passed. 

3. No ex post-facto law shall be passed. 

4. No direct tax shall be levied unless in proportion 
to the census. 

5. No duty shall be levied on exports. 

6. No commercial preference shall be given one state 
over another. 

7. No money shall be drawn from the treasury unless 
appropriated by law. 

8. No title of nobility shall be granted by the United 
States. 

9. No officer of the United States shall accept a title from 
a foreign country. 

10. No officer of the United States shall accept any pres- 
ent from a foreign country. 

By the writ of habeas corpus every person committed to 
jail may have a hearing in open court to ascertain whether 



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THE LEGISLATIVE DEPARTMENT. 63 

he is lawfully held. It is a guarantee, as old as Magna 
Charta, of personal liberty, which is one of the most sa- 
cred rights of the citizen. 

How is the statement that it shall not be suspended 
qualified ? Under what circumstances, by what author- 
ity and by whom was the writ of habeas corpus suspended 
in 1863? 

The bill of attainder was justly odious. By it a person, 
by act of parliament, and without trial, could be banished 
or put to death, and his family degraded and deprived of 
their rights of inheritance, the property being confiscated 
to the state. Read the last clause of Sec. 3, Art. 
III. Bills of attainder have long been unconstitutional 
in Great Britain, also. 

An ex post-facto law punishes as crime that which was 
not crime when the act was committed. It refers only to 
crimes and not to civil proceedings. The just rule is that 
if a person commits crime his punishment shall be that 
provided by the law as it was when the crime was com- 
mitted. 

The appropriation bills are made and passed annually. 
They are made with great care, and the minutest 
attention to detail. The committee on appropriations is 
one of the most important, and the privilege of serving on 
it is a special honor. No officer of the government has 
authority to pay out money, except in accordance with 
the appropriation laws. 

Titles of nobility would be inconsistent with evey prin- 
ciple of republican government. That "all men are 
created equal," stands at the head of the list of self-evi- 
dent truths in the Declaration of Independence. Why 
would the acceptance of a title, emolument or present by 
an officer of the United States from a foreign power be 
improper ? 



64 EASY LESSONS ON THE CONSTITUTION. 

LESSON XVI. 
THE LEGISLATIVE DEPARTMENT. 

What Congress shall Not Do. 

REVIEW. — 1. What is guaranteed by the writ of habeas corpus? 
2. What is an ex post-fado law ? 3. What restric- 
tion is put upon the payment of money from the 
treasury of the United States ? 4. How must direct 
taxes be laid? 5. Why is congress forbidden to 
grant titles of nobility? 

What restriction is placed upon congress by the first 
clause of Sec. 9, Art. I ? What is meant by the 
words "such persons"? Refer now to clause 3, Sec. 
2, Art. I, and define the words "all other persons." 
Now refer to clause 3 of Sec. 2, Art. IV, and define 
the words, "no person held to service or labor in one state 
under the laws thereof. ' ' 

Where does the word slavery first occur in the Con- 
stitution ? 

Every law is necessarily a compromise or a body of 
compromises. It is quite certain that many compromises 
were required to make the Constitution possible, and the 
institution of slavery was the occasion of some of them. 
That the framers were ashamed of them is a fair inference 
from their aversion to the word slave. 

If the learner will take his history, or cyclopedia, if 
necessary, and answer the following questions, he will 
trace the successive steps taken to shake off this great 
barbarity: 

What was the ordinance of 1787 ? 

What provision in it referring to slavery ? 

When was the slave trade to foreign countries pro- 
hibited ? 






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THE LEGISLATIVE DEPARTMENT. 67 

When was the importation of slaves prohibited ? 

When was the slave trade declared piracy ? 

When was slavery abolished in the District of Columbia? 

When was slavery abolished in the territories of the 
United States ? 

When was the Emancipation Proclamation issued ? 

When was the XIII amendment proposed ? 

When was the XIII amendment ratified ? 

L,et the student repeat the XIII amendment from 
memory. 



LESSON XVII. 
THE LEGISLATIVE DEPARTMENT. 

What States may Not Do. 

REVIEW: — 1. State all the constitutional provisions affecting 
the institution of slavery. 

In form, the state governments are closely modeled on 
that of the nation. Each state legislature has two 
branches, corresponding to the senate and house of 
representatives, and usually so designated. Laws are 
passed in a manner strictly analogous to the method in 
congress. The governor of the state has a veto power, 
limited as that of the president is. In many, if not in 
most cases, senators represent a designated territory, one 
or more counties, while representatives in the legislature 
are usually appointed according to the population. Thus 
the student of constitutions, who is familiar with the 
form and provisions of the Constitution of the United 
States, has but to compare that of any state with it and 
note differences, to be acquainted with both. Now let the 
young student recall to mind the great powers conferred 
on congress by Sec. 8, Art. I, and observe that they 



68 EASY LESSONS ON THE CONSTITUTION. 

are all powers which belong of right to a sovereign state. 
Try to see that they are all powers which had better be 
exercised by a central authority, and operate uniformly 
over the whole country. Indeed, it seems to have been 
considered so important that there should be no question 
about some of them, that the Constitution not only de- 
clares what body shall exercise them, but goes further, 
and specifies that the states shall not exercise them. 
Refer to Sec. 10 of Art. I and note that : 
i. No state can make treaties. 

2. No state can grant letters of marque and reprisal. 

3. No state can coin money. 

4. No state can make anything but gold and silver 
coin a legal tender. 

5. No state can levy duties of any kind for profit. 

6. No state can make war unless invaded and in im- 
minent danger. 

Again care is taken to extend some of the restraints 
placed on congress to the states. For example: 

1. No state shall grant any title of nobility. 

2. No state shall pass any bill of attainder. 

3. No state shall pass any ex post-fado law. 

4. No state shall pass any law impairing the obliga- 
tion of contracts. 

A law impairing the obligation of contracts would 
violate the same principle of law applied to civil 
affairs as an ex post-fado law would violate in regard to 
crimes. 

But the student must not fall into the common error of 
thinking the states of small importance by comparison. 
Many of our most important interests are intrusted wholly 
to the state. The most important of all public interests 
— education — is in the hands of the state. The right of 
suffrage, by the exercise of which the sovereign people 



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THE EXECUTIVE DEPARTMENT. 71 

express their will, is controlled by each state for itself. 
All our social and business relations, the control of great 
corporations, the performance of our duties to the deaf, 
dumb and blind, the unfortunate insane and the helpless 
poor, the restraint and punishment of crime, and many 
other important functions of government come within the 
sphere of the state, and within its own sphere of action 
the legislature of a state is as independent and supreme 
as the congress of the nation. 

In view of the extent of our country and the diversity 
of our interests as a people, it seems most fortunate that 
our peculiar origin made a system which experience has 
proved so well adapted to the progress and perpetuity of 
a great nation, the most natural, if not the only plan of 
union possible. 

The Constitution of the United States, with its reserva- 
tions of power to the people, its wise restraints upon, no 
less than its specific and implied grants of power to con- 
gress and the states, may well be considered ' ' the best 
system cf government ever framed at one time by the 
hand of man." 



LESSON XVIII. 
THE EXECUTIVE DEPARTMENT. 

Article II of the Constitution deals with the executive 
department. Let the student read again the entire arti- 
cle, substituting for the third clause of Sec. i the XT I 
Amendment, which was substituted for it in 1804. (Who.^e 
administration ?) 

Section 1 provides, first of all, that "the executive 
power shall be vested in a president of the United fi^es 
of America." 



72 EASY LESSONS ON THE CONSTITUTION. 

This provision is plain, direct, and, to the average citi- 
zen of to-day, doubtless seems like the only reasonable 
provision. Yet no part of the Constitution was more 
discussed by the framers. Under the confederation there 
was no executive department. There was a committee 
of thirteen, one from each state, which possessed certain 
executive powers when congress was not in session. But 
this plural executive did not work well. What it gained 
in wisdom it lost in promptness and unity of purpose. 
Laws are made to be obeyed. When a law is once made 
it is the duty of the executive to enforce, and of the good 
citizen to obey it. There is no quality more valuable in 
an executive officer than energy. The laws may be ever 
so good and wise, if they are not enforced the govern- 
ment is bad. The counsels of those who favored a single 
executive finally prevailed, and time has confirmed their 
wisdom. 

The president must be: 

i. A natural born citizen of the United States, 

2. Who has been fourteen years a resident within the 
United States, and 

3. Who shall have attained to the age of thirty-five 
years. 

The first qualification is intended as a safeguard against 
intriguing foreigners. Its propriety is obvious. 

The second is as short a term of residence as would be 
likely to give the candidate's fellow citizens an opportu- 
nity to judge of his capacity and character. 

What is the earliest age at which any president has 
been inaugurated ? The average age of the presidents ? 
What inference do you draw from these facts ? What is 
the term of office for the president ? What other officer 
is elected at the same time, and in the same manner ? 

Make a list of the presidents, and write after each the 



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THE EXECUTIVE DEPARTMENT. 73 

party to which he belonged and the year of his inaugura- 
tion. Save your list for ready reference. 

What presidents died in office ? 

What presidents had previously been vice-presidents? 

Name the vice-presidents who became presidents by 
the death of presidents. 

What presidents were distinguished soldiers ? 



LESSON XIX. 

THE EXECUTIVE DEPARTMENT. 
REVIEW.— 1. What is the subject of Art. II of the Constitu- 
tion? 2. What is the subject of the XII Amend- 
ment? 3. In whom is the executive power of the 
United States government vested? 4. State some 
reason's why it is better that the executive power 
should be vested in one person. (Answer the third 
question in the language of the Constitution and the 
fourth in your own words). 5. State in the language 
of the Constitution the qualifications of a president of 
the United States. 

The mode of appointing the president was perhaps the 
most difficult and perplexing question with which the 
founders of our government had to deal. "If ever the 
tranquillity of this nation is to be disturbed," says Kent, 
1 ' and its liberties endangered by a struggle for power, it 
will be upon this very subject of the choice of a presi- 
dent." And in the experience of other nations, as 
recorded in history, there is abundant foundation for such 
a fear. The safeguard, if any, must be in the intelli- 
gence, virtue and vigilance of the people. 

The Constitution provides that each state shall appoint, 
in such manner as the legislature thereof may direct, a 
number of electors, equal to the whole number of sen- 
ators and representatives to which the state may be enti- 
tled in the congress. 



76 EASY LESSONS ON THE CONSTITUTION. 

The method first adopted by the convention was to let 
congress choose the executive. But it was afterwards 
decided to choose the president by electors to be ap- 
pointed by the several states. This not proving satisfac- 
tory, it was decided that the electors should be appointed 
by the several state legislatures. Then the convention 
went back to the original plan. Finally the present 
clause was agreed to and allowed to remain. 

It will be observed that all of these methods are varia- 
tions of the idea that this important trust is safer in the 
hands of a select few than it would be if left in the hands 
of the whole people. 

Notice that the number of electors corresponds to the 
number of senators and representatives, and gives each 
state the same relative influence in the election of the 
president that it has in the congress. 

No senator, representative or person holding an office 
of profit or trust under the United States shall be ap- 
pointed an elector. This is the only respect in which the 
Constitution defines the qualifications of electors. Do 
you see the reason for this provision ? 

Compare the third clause of Sec. i, Art. II with the 
XII amendment. Do this with care; then in parallel 
columns on the same page write in order each act which 
the Constitution requires the electors, when chosen, to 
perform. For example : 

ART. II, SEC. 1. XII AMENDMENT. 

1. The electors shall meet in 1. The electors shall meet in 
their respective states, and vote their respective states and vote 
by ballot for two persons, of by ballot for president and vice- 
whom one at least shall not be president, one of whom at least 
an inhabitant of the same state shall not be an inhabitant of 
with themselves. the same stale with themselves. 

2. They shall make a list, 2. They shall name, etc. , etc. 
etc., etc. 



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THE EXECUTIVE DEPARTMENT. 79 

What do you understand by the electoral vote of a 
state? What is the electoral vote of your state? Of 
Illinois ? Of Nevada ? Which has the greater electoral 
power? Which has, relatively to population, the greater 
power ? Compare in the same way New York and New 
Hampshire. Pennsylvania and Delaware. Which have, 
relatively, greater power in electing the president, the 
large or the small states ? In congress ? 



WESSON XX. 

THE EXECUTIVE DEPARTMENT. 

REVIEW. — 1. How does the Constitution direct that presidential 
electors shall be chosen ? 2. What persons may not 
be presidential electors ? 3. To how many presiden- 
tial electors is each state entitled ? 4. What state has 
the largest number? 5. What is the least number of 
presidential electors in any state. 6. How many will 
your state have in the next election ? 

If you have carefully read Art. II and the XII Amend- 
ment, you are ready to become perfectly familiar with the 
forms to be observed in electing a president. 

i . Note that the mode of appointing presidential elec- 
tors is left to the state legislatures. For some time after the 
adoption of the Constitution this power was, in many states, 
exercised by the legislatures, but presidential electors are 
now chosen by the people in all the states, on the Tues- 
day after the first Monday in November. The day of ap- 
pointment is fixed by congress. 

1 ' The electors shall meet in their respective states and 
vote by ballot for president and vice-president, one of 
whom, at least, shall not be an inhabitant of the same 
state with themselves." 



80 EASY I^SSONS ON THE CONSTITUTION. 

The place of meeting is fixed by the legislatures of the 
states. The time is fixed by congress and is the second 
Mui.day in January. 

They shall name in their ballots: (a) The person 
voted for as President ; and (b) the person voted for as 
vice-president. They must make distinct lists giving the 
number of votes: (a) Of all persons voted for as presi- 
dent ; and (£) of all persons voted for as vice-president. 

They must sign and certify these lists, and transmit 
them, sealed, to the seat of government of the United 
States, directed to the president of the senate. 

This is the constitutional requirement. An act of con- 
gress requires the electors to make and sign three certifi- 
cates, one of which is to be forwarded by mail to the pres- 
ident of the senate, forthwith ; a second is given to a per- 
son appointed to deliver it to that official before the fourth 
Monday in January ; and the third is to be delivered to 
the judge of the United States district court in which the 
electors assemble. 

We come now to the proceedings in congress. 

On the second Wednesday in February succeeding the 
meeting of the electors, "the president of the senate 
shall, in the presence of the senate and the house of rep- 
resenatives, open all the certificates, and the votes shall 
then be counted. ' ' 

"The Constitution does not provide by whom the votes 
are to be counted. The closely contested election and 
conflicting returns of 1876, demonstrated that this a dan- 
gerous omission. 

L,et the pupil refer to the histories and other sources of 
information in regard to the " electoral committee." By 
the act of February 3, 1877, the so-called electoral count 
bill provides a formal method of procedure in counting 
the electoral votes, and makes it improbable that another 
electoral committee will be needed. 



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THE EXECUTIVE DEPARTMENT. 83 

The person having the greatest number of votes of the 
electors for president shall be president, if such number 
be a majority of the whole number of electors appointed. 
The same provision applies to the office of vice-president. 

The proceedings by the electors are purely formal. It 
was the intention of the fratners of the Constitution to 
provide for an independent, deliberative body, competent 
to weigh and consider the qualifications of candidates for 
this high trust. But the practice of the great political 
parties has wholly defeated this intention. The electors 
are expected to vote for particular persons, placed in 
nomination by a convention, and whatever may be their 
personal views, they are not at liberty to vote for any 
other. Such an act would be fraud and a permanent 
political disgrace to the elector who committed it. So 
we see how, without departing from the letter of the Con- 
stitution, it has practically been modified by the people. 
The electoral college, instead of the dignified and respon- 
sible body intended, has been reduced to a mere board of 
registry, to record and certify to the act of the whole body 
of voters. 

Because, under the present plan, it is possible for a 
president to be chosen, as John Quincy Adams, Polk, 
Taylor, Buchanan, Lincoln, Hayes, Garfield and Harri- 
son were, without receiving a majority of the popular vote, 
some have advocated electing the president by direct 
popular vote, ignoring state lines. If you were a voter 
would you favor such a proposition ? Why ? 



84 EASY LESSONS ON THE CONSTITUTION. 

LESSON XXI. 

THE EXECUTIVE DEPARTMENT. 

REVIEW. — 1. Who fixes the place of meeting of the electors? 
2. The time? 3. When do the electors meet? 4. 
State fully the proceedings. 5. When and by whom 
are the electoral votes counted? 6. What was the 
intention of the framers of the Constitution in regard 
to the electors? 7. How have the proceedings come 
to be purely formal? 

We have seen that, when the electoral votes have been 
counted, the person receiving the greatest number of 
votes for president shall be president, if such number 
be a majority of the whole number of electors ap- 
pointed. 

But it may happen that no candidate receives a major- 
ity of all the electoral votes. 

It has so happened on two occasions, once in 1801 and 
again in 1825. 

In such event the Constitution provides that the house 
of representatives shall choose immediately the president, 
and 

1. He must be chosen by ballot. 

2. He must be chosen from the persons having the 
highest numbers, not exceeding three, on the list of per- 
sons voted for as president. 

3. The vote is taken by states. 

4. Each state has one vote., 

5. There must be present when the vote is taken a 
member or members from two-thirds of all the states. 

6. A majority of all the states is necessary to a 
choice. 

The provision in regard to the election of a vice- 
president by the senate corresponds closely to that in 



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THE EXECUTIVE DEPARTMENT. 87 

regard to the election of president. Let the pupil state it 
exactly. 

If no person is elected vice-president, the senate shall 
choose one from the two highest numbers on the list of 
persons voted for as such, and a majority of the whole 
number of senators is necessary to a choice. A quorum 
for this purpose consists of two-thirds of the whole num- 
ber of senators. 

When Thomas Jefferson was elected by the house of 
representatives in 1801, the violence of the struggle 
seemed to "threaten the tranquillity of the union." 
There were then sixteen states, and through thirty-five 
ballots Jefferson received the votes of eight states and his 
rival, Aaron Burr, of six. The representatives from the 
other two states were equally divided and so the states 
lost their votes. On the thirty-sixth ballot Jefferson 
received the votes of nine states and was therefore 
elected. 

Who became vice-president? Had the XII Amendment 
been adopted in 1801? 

The second case of the election of a president by the 
house of representatives occurred in 1825. The persons 
voted for by the electors were Andrew Jackson, John 
Quincy Adams, William H. Crawford and Henry Clay. 
No one received a majority. Henry Clay received the 
lowest number and hence could not be voted for by the 
house of representatives. Why? 

Who was elected? Who was chosen vice-president? 
Was he chosen by the electors or by the senate? 

What vice-president of the United States was chosen 
by the senate? Who was chosen president by the electors 
at that time? 

Our mode of choosing a president "appears to be well 
calculated to secure a discreet choice, and to avoid all 



88 EASY LESSONS ON THE CONSTITUTION. 

those evils which the partisans of monarchy have de- 
scribed, and the experience of other nations and past 
ages have too clearly shown to be the consequence of 
popular elections." 



LESSON XXII. 
THE EXECUTIVE DEPARTMENT. 

REVIEW. — 1. If the number of representatives is 356, what is the 
whole number of electoral votes? 2. How many 
electoral votes are necessary to elect a president? 
3. If the president is elected by the house of repre- 
sentatives, how many votes are required? 4. What 
presidents were elected by the house of representa- 
tives? 5. State exactly how the vice-president is 
chosen in case the electors fail to elect? 6. What 
vice-president was chosen in this manner. 

Before the president-elect can enter upon the duties of 
his office he must swear or affirm: 

i . To execute faithfully the office of president of the 
United States. 

2. To preserve, protect and defend to the best of his 
ability, the Constitution of the United States. 

L,et the student refer to the Constitution for the exact 
form and language of the oath of office. It is usually ad- 
ministered by the chief justice of the supreme court of 
the United States, on the fourth day of March. The 
ceremony is termed the inauguration and the president 
usually delivers an appropriate address. 

Abraham Lincoln's second inaugural address is uni- 
versally conceded to be a model in its way. In its ap- 
propriateness to the occasion, loftiness of tone, and beauty 
of diction, it stands unsurpassed among the state papers 



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THE EXECUTIVE DEPARTMENT. 91 

of the world. Every young student of American history 
or polities should read and study it. 

The president, thus chosen and inducted into office, 
holds his office for the term of four years. This is 
another of the many compromises found necessary in the 
convention. There was a strong party in favor of the 
proposition that the executive should hold office for life 
or during good behavior. Seven years was once fixed 
upon as the term. There were advocates of one, two and 
three year terms. The term of four years was the out- 
come of these conflicting opinions. It is intermediate be- 
tween the term of senators and representatives, long 
enough to give time to judge of the wisdom or unwisdom 
of the general policy of an administration, and short 
enough to enable the people to hold their chief executive 
to a frequent accountability. The president is re-eligible 
for any number of successive terms, but the earlier presi- 
dents set the custom of declining a third election, and 
present public opinion is undoubtedly in favor of main- 
taining the custom under all ordinary circumstances. 

The salary of the president is fixed by congress. But 
the Constitution limits the power of congress by declar- 
ing that it shall not be increased nor diminished during 
his term of office. 

Assign a reason for each limitation. What is the 
president's salary? The vice-president's? 

In addition to his salary the president has the executive 
mansion (White house) for a residence, and other per- 
quisites, but the entire sum of salary and perquisites is 
very much less than the sums paid to the rulers of other 
civilized countries of similar wealth and standing among 
nations. 

"Incase of the removal of the president from office, or 
of his death, resignation, or inability to discharge the 



92 EASY LESSONS ON THE CONSTITUTION. 

powers and duties of said office, the same shall devolve 
on the vice-president." — Art. II. Sec. i, clause 6. 

The Constitution also provides that congress shall pro- 
vide by law that in case there should be no vice-president 
at the time of any of the foregoing contingencies, what 
officer shall act until the disability is removed or a presi- 
dent elected. Accordingly it was provided in 1866 that 
in the event of a vacancy one of the following officers, if 
eligible, should act as president for the remainder of the 
term: The secretary of state; or incase he cannot act, the 
secretary of the treasury; or if he cannot act, secretary of 
war; and so on, the further order of succession being at- 
torney-general, postmaster-general, secretary of the navy, 
and secretary of the interior. 

What was the law previous to 1866? What were some 
of the reasons for a change? 



LESSON XXIII. 

THE EXECUTIVE DEPARTMENT. 

Powers and Duties of the President. 

1. The president is commander-in-chief of the army and 
navy of the United States, and of the militia of the 
several states when called into actual service of the 
United States. 

2. He has power to grant reprieves and pardons for 
offenses against the United States. Note the exception. 

3. He has power to make treaties with foreign nations, 
two-thirds of the senate concurring. 

4. He shall nominate, and by and with the advice and 
consent of the senate, appoint : 

Ambassadors, 



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THE EXECUTIVE DEPARTMENT. 95 

Other public ministers and consuls, 
Judges of the supreme court and all other officers of 
the United States not provided for. 

5. He has power to fill all vacancies that may happen 
during a recess of the senate by granting commissions, 
which shall expire at the end of the next session of 
congress. 

6. He commissions all officers of the United States. 

7. He shall receive ambassadors and other public min- 
isters. 

8. "He shall from time to time, give to the congress 
information of the state of the union, and recommend to 
their consideration such measures as he shall judge 
necessary and expedient." (President's "message.") 

9. He may, on extraordinary occasions, convene both 
houses or either of them in extra session, or in case they 
disagree as to the time of adjournment, he may adjourn 
them to such time as he shall think proper. 

10. He shall take care that the laws be faithfully 
executed. 

This is the sweeping clause of Art. II, and sums up 
all the duties of the president, duties so numerous and 
responsibilities so great that they may well challenge the 
powers and try the courage of the greatest and best citi- 
zens. From the moment of his inauguration the presi- 
dent ceases to be a partisan and becomes the servant of 
the whole people, or, failing to do so, fails to rise to the 
level of the opportunities of the first office in the republic. 

There is no specific provision in the Constitution for 
executive departments, or as it has come to be called, 
the cabinet. But by reference to clauses 1 and 2 of 
Sec. 2, Art. II, it will be seen that such departments 
are presumed to be necessary. 

The departments of state, of the treasury, of war and 



96 EASY LESSONS ON THE CONSTITUTION. 

of justice, were established by the first congress. The 
department of the navy was established in 1798, having 
formerly been part of the war department. The post- 
office department was taken from the treasury in 1829. 
The department of the interior was organized in 1849, 
and has grown to be one of the largest departments of the 
government. The department of agriculture was organ- 
ized in 1889. The heads of these departments are called 
secretaries except the postmaster-general and the at- 
torney-general. 

Though these departments of the government are all 
organized by law, the ' 'cabinet, " as a body of councillors, 
has no legal existence. The members hold meetings and 
deliberate over measures of state, but no record of the 
proceedings is kept. The president asks and receives 
their advice but he is not bound to act upon it, nor are 
the members of the cabinet, acting as heads of depart- 
ments, bound to act on the advice of the cabinet as a body. 



LESSON XXIV. 

THE JUDICIAL DEPARTMENT. 

We have seen how the legislative and executive de- 
partments are constituted, and paid some attention to 
their functions and the manner of exercising them. We 
are now to survey, very briefly, the third co-ordinate 
branch of the government. ' ' Personal security and pri- 
vate property," says Chancellor Kent, "rest entirely 
upon the wisdom, the stability and the integrity of the 
courts of justice." In no power of government, there- 
fore, is the citizen more directly concerned than in the 
administration of justice. 



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THE JUDICIAL DEPARTMENT. 99 

Read Sec. i of Art. III. What courts are provided 
for by the Constitution ? Do you infer that congress 
is given discretionary power, or is it ordered by the 
Constitution to establish courts of ju-tice equal to the 
demands of the country ? How lon^ do judges of the 
United States courts hold office ? What guarantee has 
the Constitution placed upon their compensation ? Can 
you see how this conduces to independence ? How do 
the stability and integrity of courts depend upon perma- 
nent, or long, tenures of office and uniformity of salary ? 

The principal courts provided for, in accordance with 
this section are : 

The supreme court. 

The circuit courts. 

The district courts. 

The supreme court consists of one chief justice and 
eight associate justices. 

There are nine judicial circuits and nine circuit judges. 

There are about sixty judicial districts. The judicial 
district, like the congressional district, never crosses state 
lines, so that there is at least one district judge in each 
state. But some states have two, and one or two states 
have three each. 

The district court is the lowest of the three principal 
federal courts. In it may be tried any crime not capital, 
and a great variety of civil cases. If the sum in dispute 
exceed $50 there is an appeal to the circuit court. The 
salary of a district judge varies from $3,500 to $5,000. 

The circuit court hears appeals from the district courts, 
and has original jurisdiction in civil cases when the sum 
in dispute exceeds $500, and unlimited criminal juris- 
diction under United States lav/. There is an appeal to 
the supreme court when the sum in dispute exceeds 
$5, 000. 



100 EASY LESSONS ON THE CONSTITUTION. 

"In all cases affecting ambassadors, other public min- 
isters and consuls, and those in which a state shall be a 
party, the supreme court shall have original jurisdiction. ' ' 
Appeals may be taken to the supreme court from the other 
courts except when by law their decision is made final. 

" If a law of any state, or of the United States," says 
Fiske, ' ' is decided by the supreme court to be in viola- 
lation of the Constitution, it instantly becomes void and 
of no effect. In this supreme exercise of jurisdiction our 
highest federal tribunal is unlike any other tribunal 
known to history. The supreme court is the most 
original of all American institutions. It is peculiarly 
American, and for its exalted character and priceless 
services it is an institution of which Americans may well 
be proud." 

In each federal district there is a district attorney, 
whose duty it is to represent the United States in all 
cases to which the government is a party in his district, 
and a United States marshal, who is the executive 
officer of the federal circuit and district courts. His 
duties are like those of a sheriff. 

Each justice of the supreme court is assigned to a cir- 
cuit, in which he must hold, or assist in holding, a court 
at least once in two years. He may have associated 
with him a circuit judge or a district judge or both. A 
district judge may hold circuit court, but a circuit judge 
cannot sit in the supreme court. 

L,et the pupil make a complete list in the language of 
the Constitution of the kinds of cases that can be tried 
in the United States, courts. 

What special restriction is put upon the judicial power 
of the United States by the XI Amendment? This 
amendment means that no citizen of another state nor of 
a foreign state can sue one of the states in a federal court. 



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AMENDMENTS TO THE CONSTITUTION. 103 

The power to sue the United States is equally limited. 
The United States court of claims is a special court, held 
in Washington, which is authorized to investigate and 
report to congress upon claims of certain kinds, but the 
opinion of the c^urt is not binding. Congress pays the 
claim or not, as may be decided by law. This being the 
case, can you tell why it is that congress can borrow 
money on the credit of the United States at such low 
rates of interest? Has your state ever repudiated its 
debts ? 



LESSON XXV. 

AMENDMENTS TO THE CONSTITUTION. 

A recent writer on the Constitution has aptly remarked 
that "political government is like a plant ; a little water- 
ing and pruning do very well for it, but the less its roots 
are fooled with the better." 

Article VII provides that ' ' the ratifications of the con- 
ventions of nine states shall be sufficient for the estab- 
lishment of this Constitution between the states so rati- 
fying the same. ' ' But when the continental congress laid 
the results of the constitutional convention before the 
people it was found the roots of the new scheme of political 
government, like those of a young tree just transplanted, 
demanded one good drenching as the earth was packed 
about them. There was much and vigorous opposition 
to the adoption of the new Constitution. A hundred 
years before the British parliament had framed a ' ' Bill of 
Rights " embodying an explicit statement of those " an- 
cient and undoubted ' ' rights for which the English peo- 
ple had contended from the time of King John, rights 
which, often in abeyance, they have never yielded. By 



104 EASY LESSONS ON THE CONSTITUTION. 

virtue of this bill of rights William and Mary ascended 
the English throne, and its many provisions were em- 
bodied in the constitutions of twelve of the thirteen states. 
It is quite probable that the framers thought that these 
rights had at last been so firmly established that they 
would never again be questioned in this country. Were 
they not ' ' ancient and undoubted ?' ' But the people 
thought differently. One hundred and sixty-nine differ- 
ent forms of amendment were sent to the first congress 
for consideration. Twelve of them were proposed by con- 
gress, in accordance with Art. V, and by 1791, ten of 
them had been ratified and declared in force. These are 
the first ten Amendments to the Constitution. They are 
adaptations of the English Bill of Rights. The pupil 
should read each of these amendments, asking himself 
what precious and inalienable right is guaranteed by each. 

The eleventh Amendment refers to the judicial power 
and was proposed in 1794 by the third congress and de- 
clared adopted in 1798. 

The twelfth Amendment, often referred to in these les- 
sons, was proposed by the eighth congress in 1803 and 
adopted the year following. 

The thirteenth, fourteenth and fifteenth Amendments 
were outgrowths of the long struggle which reached its 
climax in the civil war. They are radical and important. 

The principle quoted at the beginning of this lesson is 
no doubt correct. But no body of men, however wise, 
could frame even a fundamental system of law which 
could last for all time, so the framers wisely included in 
the Constitution a provision for its own amendment. Ar- 
ticle V is second in importance to no part of the Constitu- 
tion. It provides: 

1 . Two methods of proposing amendments. 

2. Two methods of adopting them. 



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EASY LESSONS ON THE CONSTITUTION 107 

Let the pupil state orally and in writing, using the lan- 
guage of the Constitution, the two methods of proposing 
amendments. All the amendments so far have been pro- 
posed in the first way named. Now state orally and in 
writing the two methods of ratification. 

Which is more valid, a part of the original Constitu- 
tion or an amendment ? In what respect may the Con- 
stitution not be amended ? Suppose congress, two-thirds 
of both houses deeming it necessary, were to propose an 
amendment providing for the election of senators by the 
people and apportioning the number to the several states 
according to population, and suppose also that such an 
amendment were to be ratified by the legislatures of three- 
fourths of the states ; would such an amendment be valid 
and become a part of the Constitution if any state ob- 
jected? 

The work of the frame rs was completed September 17, 
1787. September 13, 1788, congress adopted a resolu- 
tion providing as follows: 

1. That the first Wednesday in January next be the 
day of appointing electors in the several states. 

2. That the first Wednesday in February next be the 
day for the electors to assemble in their respective states 
and vote for a president. 

3. And that the first Wednesday in March next be the 
time, and the present seat of congress the place of com- 
mencing proceedings under the said Constitution. 

What day of the month was the first Wednesday of 
March, 1789? 

*** 

Long ago the question was asked "Am I my brother's 
keeper ?' ' In a very important sense every man is his 
brother's keeper. Unless this truth is recognized no good 
government of the people by the people is possible. If 



108 EASY LESSONS ON THE CONSTITUTION. 

it is a correct principle, the responsibilities of citizenship 
in a free country are very great. These lessons have 
failed entirely of their purpose if they have not excited 
a desire to know much more of our system of government 
and to become better prepared to assume these responsi- 
bilities. If the great experiment in free government now 
trying in our country is to be successful, the masses of 
her citizens must be intelligent as well as virtuous. They 
must understand her institutions and glory in their citi- 
zenship. As was said by Washington, our government 
' ' completely free in its principles, in the distribution of 
its powers uniting security with energy, and containing 
within itself a provision for its own amendment has a 
just claim to your confidence and your support." 



EASY LESSONS ON THE CONSTITUTION. 

NOTES. 

Consult Books of Reference and make this Page a Valuable Record. 



EASY LESSONS ON THE CONSTITUTION. 

NOTES. 
Consult Books of Reference and make this Page a Valuable Record. 



Constitution of the United States. 



We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this constitution for the United States of 
America. 

ARTICLE I. 

SECTION I. 

1. All legislative powers herein granted shall be vested in a con- 
gress of the United States, which shall consist of a senate and house 
of representatives. 

• SECTION II. 

1. The house of representatives shall be composed of members 
chosen every second year by the people of the several States; and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature. 

2. No person shall be a representative who shall not have at- 
tained to the age of twenty-five years, and has been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this union, ac- 
cording to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three-fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the congress of 
the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of rep- 



112 CONSTITUTION OF THE UNITED STATES. 

resentatives shall not exceed one for every 30,000, but each State 
shall have at least one representative; and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to 
choose three; Massachusetts, eight; Rhode Island and Providence 
plantations, one ; Connecticut, five ; New York, six ; New Jersey, 
four; Pennsylvania, eight ; Delaware, one; Maryland, six; Virginia, 
ten; North Carolina, five; South Carolina, five; Georgia, three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of election 
to fill up such vacancies. 

5. The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

SECTION ill. 

1. The senate of the United States shall be composed of two 
senators from each State, chosen by the legislature thereof, for 
six years; and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, 
into three classes. The seats of the senators of the first class 
shall be vacated at the expiration of* the second year; of the 
second class, at th^ expiration of the fourth year; and of the third 
class, at the expiration of the sixth year; so that one-third may 
be chosen every second year; and if vacancies hSppen, by resig- 
nation or otherwise, during the recess of the legislature of any 
State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill 
such vacancies. 

3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State tor which he shall be chosen. 

4. The vice president of the United States shall be president 
of the senate, but shall have no vote unless they be equally 
divided. 

5. The senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice president, or 
when he shall exercise the office of president of the United 
States. 

6. The senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose they shall be on oath or 



CONSTITUTION OF THE UNITED STATES. 113 

affirmation. When the president of the United States is tried the 
chief justice shall preside; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

7. Judgment, in case of impeachment, shall not extend fur- 
ther than to remove from office, and disqualification to hold 
and enjoy any office of honor, trust or profit under the United 
States, but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment and punishment, accord- 
ing to law. 

SECTION IV. 

1. The time, places and manner of holding elections for 
senators and representatives, shall be prescribed in each State, by 
the legislature thereof; but the congress may, at any time, by 
law, make or alter such regulations, except as to the places of 
choosing senators. 

2. The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday of December, un- 
less they shall by law appoint a different day. 

SECTION v. 

1. Each house shall be the judge of the elections, returns and 
qualifications of its own members; and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concur- 
rence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the mem- 
bers of either house, on any question, shall, at the desire of one- 
fifth of those present, be entered on the journal. 

4. Neither house, during the session of congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

SECTION VI. 

1. The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of 



114 CONSTITUTION OF THE UNITED STATES. 

the treasury of the United States, They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

2. No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding "any office under the United States 
shall be a member of either house during his continuance in 
office. 

SECTION vii. 

1. All bills for raising revenue shall originate in the house of 
representatives; but the senate may propose or concur with amend- 
ments, as on other bills. 

2. Every bill which shall have passed the house of representa- 
tives and the senate shall, before it becomes a law, be presented to 
the President of the United States; if he approves, he shall sign 
it; but if not, he shall return it, with his objections, to that house 
in which it shall have originated, who shall enter the objection at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and, if approved 
by two-thirds of that house, it shall become a law. But, in all 
such cases, the vote of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against the 
bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, the 
same shall be a law in like manner as if he had signed it, unless the 
the congress by their adjournment prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution or vote, to which the concurrence 
of the senate and house of representatives may be necessary, 
except on a question of adjournment, shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be re-passed by two-thirds of the senate and house of repre- 



CONSTITUTION OF THE UNITED STATES. 115 

sentatives, according to the rules and limitations prescribed in the 
case of a bill. 

SECTION VIII. 

The congress shall have power 

1. To lay and collect taxes, duties, imposts and excises; to pay 
the debts and provide for the common defense and general welfare 
of the United States; but all duties, imposts and excises shall be 
uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the 
several States and with the Indian tribes. 

4. To establish a uniform rule of naturalization and uniform 
laws on the subject of bankruptcies throughout the United 
States. 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States. 

7. To establish postoffices and post roads. 

8. To promote the progress of science and useful arts, by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries. 

9. To constitute tribunals inferior to the supreme court. , 

10. To define and punish piracies and felonies committed on the 
high seas, and offenses against the laws of nations. 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy 

14. To make rules for the government and regulation of the 
land and naval forces. 

15. To provide for calling forth the militia to execute the laws 
of the union, suppress insurrections and repel invasions. 

16. To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States re- 
spectively the appointment of the officers and the authority of 
training the militia according to the discipline prescribed by 
congress. 

17. To exercise exclusive legislation in all cases whatsoever 



116 CONSTITUTION OF THE UNITED STATES. 

over such district, not exceeding ten miles square, as may, by- 
cessions of particular States and the acceptance of congress, be- 
come the seat of government of the United States, and to exercise 
like authority over all places purchased by the consent of the 
Legislature of the State in which the same shall be for the erection 
of forts, magazines, arsenals, dock yards and other needful build- 
ings; and, 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers and all other powers 
vested by this constitution in the government of the United 
States, or in any department or officer thereof. 

SECTION IX. 

1. The migration or importation of such persons as any of the 
states now existing shall think proper to admit shall not be pro- 
hibited by the congress prior to the year one thousand eight hun-- 
dred and eight, but a tax or duty may be imposed on such importa- 
tion not exceeding $10 for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended unless when, in case of rebellion or invasion, the public 
safety may require it. 

3. No bill of attainder, or ex post-facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
state. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one state over those of another, 
nor shall any vessel, bound to or from one state, be obliged to 
enter, clear or pay duties in another. 

6. No money shall be drawn from the treasury, but inconse- 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

7. No title of nobility shall be granted by the United States, 
and no person holding any office of profit or trust under them, 
shall, without the consent of congress, accept of any present, 
emolument, office, or title of any kind whatever, from any king, 

prince or foreign state. 

SECTION x. 

1. No state shall enter into any treaty, alliance or confedera- 
tion; grant letters of marque and reprisal; coin money; emit bills 



CONSTITUTION OF THE UNITED STATES. 117 

of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post-facto law, or 
law impairing the obligation of contracts; or grant any title of 
nobility. 

2. No state shall, without the consent of the congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the 
net produce of all duties and imposts, laid by any state on the im- 
ports or exports, shall be for the use of the treasury of the United 
States, andall such laws shall be subject to the revision and con- 
trol of the congress. No state shall, without the consent of 
congress, lay any duty of tunnage, keep troops or ships of war 
in time of peace, enter into any agreement or compact with 
another state, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit 
of delay. 

ARTICLE II. 

SECTION i. 

The executive power shall be vested in a president of the 
United States of America. He shall hold his office during the 
term of four years, and, together with the vice-president, chosen 
for the same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors equal to the w T hole num- 
ber of senators and representatives to which the State may be en- 
titled in the congress; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

3. The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each, which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
president of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be president, if such 
number be a majority of the whole number of electors appointed; 



118 CONSTITUTION OF THE UNITED STATES. 

and if there be more than one who have such majority, and have 
an equal number of votes, then the house of representatives shall 
immediately choose, by ballot, one of them for president; and if 
no person have a majority, then, from the five highest on the list, 
the said house shall, in like manner, choose the president. But, 
in choosing the president, the vote shall be taken by States, the 
representation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the president, the per- 
son having the greatest number of votes of the electors, shall be 
the vice-president. But if there should remain two or more who 
have equal votes, the senate shall choose from them, by ballot, 
the vice president. 

4. The congress may determine the time of choosing the elect- 
ors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

5. No person, except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall 
be eligible to the office of president, neither shall any person be 
eligible to that office who shall not have attained to the age of 35 
years, and been fourteen years a resident within the United States, 

6. In case of the removal of the president from office, or of his 
death, resignation or inability to discharge the powers and duties 
of the said office, the same shall devolve on the vice-president, and 
the congress may, by law, provide for the case of removal, death, 
resignation or inability, both of the president and vice-president, 
declaring what officer shall then act as president, and such officer 
shall act accordingly until the disability be removed, or a president 
shall be elected. 

7. The president shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from the 
United States, or any of them. 

8. Before he enter on the execution of his office, he shall take 
the following oath or affirmation: 

9. "I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of president of the United States, and will, to the 
best of my ability, preserve, protect and defend the constitution 
of the United States." 



CONSTITUTION OF THE UNITED STATES. 119 

SECTION II. 

1. The president shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States; he may re- 
quire the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant reprieves 
and pardons for all offenses against the United States, except in 
cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the senate, to make treaties, provided two-thirds of the senators 
present concur; and he shall nominate, and by and with the ad- 
vice and consent of the senate, shall appoint ambassadors, other 
public ministers, consuls, judges of the supreme court and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law. 
But the congress may, by law, vest the appointment of such infe- 
rior officers as they think proper in the president alone, in the 
courts of law or in the heads of departments. 

3. The president shall have power to fill up all vacancies that 
may happen during the recess of the senate by granting commis- 
sions which shall expire at the end of their next session. 

SECTION III. 

1. He shall, from time to time, give to the congress information 
of the state of the union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both houses or either of them, 
and in case of disagreement between them with respect to the time 
of adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public min- 
isters; he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

SECTION IV. 

1 . The President, Vice-president and all civil officers of the 
United States shall be removed from office on impeachment for, 
and conviction of, treason, bribery or other high crimes and mis- 
demeanors. 



120 CONSTIUTITON OF THE UNITED STATES. 

ARTICLE III. 

SECTION I. 
1. The judicial power of the United States shall be vested in 
one supreme court and in such inferior courts as the congress may, 
from time to time, ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a 
compensation which shall not be diminished during their continu- 
ance in office. 

SECTION II. 

1. The judicial power shall extend to all cases in law and equity 
arising under this constitution, the laws of the United States, the 
treaties made or which shall be made under their authority; to all 
cases affecting ambassadors, other public ministers and consuls; to 
all cases of admiralty and maritime jurisdiction; to controversies 
to which the United States shall be a party; to controversies be- 
tween two or more States; between a State and citizens of another 
State; between citizens of another State; between citizens of differ- 
ent States; between citizens of the same State claiming lands 
under grants of different States, and between a State, or the citi- 
zens thereof, and foreign States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the supreme 
court shall have original jurisdiction. In all the other cases 
above mentioned the supreme court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions and under such 
regulations as the congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury, and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed within 
any State, the trial shall be at such place or places as the congress 
may by law have directed. 

SECTION III. 

1. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on 
confession in open court. 

2. The congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture, except during the life of the person attainted. 



CONSTITUTION OF THE UNITED STATES. 121 

ARTICLE IV. 

SECTION I. 

1. Full faith and credit shall be given in each State to the pub- 
lic acts, records and judicial proceedings of every other State. And 
the congress may, by general laws, prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 
thereof. 

SECTION II. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony or other 
crime, who shall flee from justice and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State under the 
laws thereof, escaping into another, shall in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 

SECTION III. 

1. New States may be admitted by the congress into this 
Union; but no new state shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States, or parts of States, without the con- 
sent of the legislature of the States concerned, as well as of the 
congress. 

2. The congress shall have power to dispose of, and make all 
needful rules and regulations respecting the territory or other pro- 
perty belonging to the United States ; and nothing in this consti- 
tution shall be so construed as to prejudice any claims of the 
United States, or of any peculiar State. 

SECTION IV. 

1. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion, and on application of the legislature, or of 
the executive, when the legislature cannot be convened, against 
domestic violence. 



122 CONSTITUTION OF THE UNITED STATES. 

ARTICLE V. 

1 The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this constitution, 
or, on the application of the legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid, to all intents and purposes, as part of 
this constitution, when ratified by the legislatures of three-fourths 
of the several States, or by conventions in three-fourths thereof,as 
the one or the other mode of ratification may be proposed by the 
congress ; provided, that no amendment which may be made prior 
to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall be 
deprived of its equal suffrage in the senate. 



ARTICLE VI. 

1. All debts contracted and engagements entered into, before 
the adoption of this constitution, shall be as valid against the 
United States under this constitution as under the confederation. 

2. This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land ; and the judges in every 
State shall be bound thereby, anything in the constitution or laws 
of any state to the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound by oath or affirmation to support this constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 



ARTICLE VII. 

1. The ratification of the conventions of nine States shall be 
sufficient for the establishment of this constitution between the 
States so ratifying the same. 



CONSTITUTION OF THE UNITED STATES. 123 

Done in convention ,by the unanimous consent of the States present, 
the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the indepen- 
dence of the United States of America the twelfth. In witness 
whereof, we have hereunto subscribed our names. 

George Washington, President, 

and Deputy from Virginia. 
New Hampshire— John Langdon, Nicholas Gilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, William Pat- 
terson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert 
Morris, George Clymer, Thomas Fitzsimmons, Jared Ingersoll, 
James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 
Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel-of-St. Thomas Jenifer, Dan- 
iel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Speight, Hugh 
Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinckney, 
Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 



RATIFICATION OF THE CONSTITUTION. 

Of the thirteen States which originally composed the Union 
under the confederation, eleven ratified the constitution prior to 
the 4th of March, 1789, the time fixed by the resolution of Septem- 
ber 13, 1788, for commencing the proceedings under it, viz. : Dela- 
ware, December 7, 1787; Pennsylvania, December 12, 1787; New 
Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, 
January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 
28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 
1788; Virginia, June 26, 1788; New York, July 26, 1788. 

Of the other States, North Carolina ratified the constitution 
November 21, 1789; Rhode Island, May 29, 1790; Vermont, January 
10, 1791. 



124 CONSTITUTION OF THE UNITED STATES. 

AMENDMENTS 

TO THE CONSTITUTION OF THE UNITED STATES. 

The following amendments were proposed at the first session of 
the first congress of the United States, which was begun and held 
at the city of New York, on March 4, 1789, and were adopted by 
the requisite number of States, First Volume of the Laws of the 
United States, page 72. 

ARTICLE I. 

1. Congress shall make no law respecting an establishment of 
religion or prohibiting the free exercise thereof ; or abridging the 
freedom of speech or of the press; or the right of the people peace- 
ably to assemble, and to petition the government for a redress of 
grievances. 

ARTICLE II. 

1. A well regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE HI. 

1. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a man- 
ner prescribed by law. 

ARTICLE IV. 

1. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall 
not be violated, and no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describ- 
ing the place to be searched and the person or things to be seized. 

ARTICLE V. 

1. No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces or in the 
militia when in actual service, in time of war or public danger; nor 
shall any person be subjected, for the same offense, to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself ; nor be deprived of 
life, liberty or property without due process of law; nor shall pri- 
vate property be taken for public use without just compensation. 



CONSTITUTION OF THE UNITED STATES. 125 

ARTICLE VI. 

1. In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor ; and to have the assistance of 
counsel for his defense. 

ARTICLE VII. 

1. In suits of common law, where the value in controversy shall 
exceed $20, the right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined in any court of 
the United States than according to the rules at the common law. 

ARTICLE VIII. 

1. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

1. The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 

ARTICLE X. 

1. The powers not delegated to the United States by the con- 
stitution, nor prohibited by it to the States are reserved to the 
States respectively or to the people. 

[The following amendment was proposed at the second session 
of the third congress. It is printed in the Laws of the United 
States, 1 vol., p. 73, as article 11.] 

ARTICLE XI. 

1. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or pro- 
secuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign State. 

[The three following sections were proposed as amendments at 
the first session of the eighth congress. They are printed in the 
Laws of the United States as Article 12.]. 



126 CONSTITUTION OF THE UNITED STATES. 

ARTICLE XII. 

1. The electors shall meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify and transmit 
sealed to the seat of the government of the United States, directed 
to the president of the senate; the president of the senate shall, in 
the presence of the senate and house of representatives, open all 
the certificates, and the votes shall then be counted ; the person 
having the greatest number of votes for president shall be the presi- 
dent, if such number be a majority of the whole number of elec- 
tors appointed; and if no person have such majority, then from the 
persons having the highest numbers, not exceeding three, on the 
list of those voted for as president, the house of representatives 
shall choose immediately, by ballot, the president. But in choos- 
ing the president the votes shall be taken by States, the represen- 
tation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. And if the house of representatives shall not choose a 
president, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice-pres- 
ident shall act as president, as in the case of the death or other 
constitutional disability of the president. 

2. The person having the greatest number of votes as vice- 
president shall be the vice-president, if such number of electors 
be a majority of the whole number of electors appointed ; and if 
no person have a majority, then from the two highest numbers on 
the list the senate shall choose the vice-president; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
senators, and a majority of the whole number shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to the office of 
president, shall be eligible to that of vice-president of the United 
States. 

[The following Article was ratified December 18, 1865.] 



CONSTITUTION OF THE UNITED STATES. 127 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

2. Congress shall have power to enforce this article by appro- 
priate legislation. 

[The following Article was ratified July 28, 1868.] 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States, 
and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities 
of citizens of the United States ; nor shall any State deprive any 
person of life, liberty or property without due process of law, nor 
deny to any person within its jurisdiction the equal protection of 
the law. 

2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excludings Indians not taxed. 
But when the right to vote at any election for choice of electors 
for president and vice-president of the United States, representa- 
tives in congress, the executive and judicial officers of a State, or 
the members of the legislature thereof, is denied to any of the 
male inhabitants of such State being 21 years of age, and citizens 
of the United States, or in any way abridged, except for participa- 
tion in rebellion or other crime, the basis of representation therein 
shall be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens 21 years 
of age in such State. 

3. No person shall be a senator, or representative in congress, 
or elector of president or vice-president, or hold any office, civil 
or military, under the United States, or under any State, who, 
having previously taken an oath as a member of congress, or as 
an officer of the United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any State, to sup- 
port the constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid and com- 
fort to the enemies thereof ; but congress may, by a vote of two- 
thirds of each house, remove such disability. 



128 CONSTITUTION OF THE UNITED STATES. 

4. The validity of the public debt of the United States author- 
ized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States or any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave ; but all such debts, 
obligations and claims shall be held illegal and void. 

5. The congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

[The following Article was ratified March 30, 1870.] 

ARTICLE XV. 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color or previous condition of servitude. 

2. The congress shall have power to enforce this article by 
appropriate legislation. 



HISTORY OF THE MOVEMENT 

LEADING TO THE ADOPTION 

OF THE 

CONSTITUTION ofthe UNITED STATES 

By J. H. BEADLE. 

This article was prepared for the Associated Press, and was used by them in 
i88g as the leading discussion of this all-important question in celebration of our 
Centennial National Birthday 

One hundred years ago there was no United States of America. 
There was no nation on this continent — only English, French, 
Spanish and Portuguese colonies froin Hudson's Bay to the Rio 
de la Plata. There was in this country no president, no cabinet, 
no senate and no national treasury; there was no public credit, no 
power to create a national revenue, no authority to secure union at 
home and respect abroad. Even the piratical Barbary States 
sneered at the talk of American power. The contribution bo«K 
was passed Sunday after Sunday in New England churches for 
means to ransom American sailors in Algerian captivity. The 
last — the definitive — treaty of peace had been signed at Versailles 
on September 3, 1783, and the aru^ had been disbanded with a 
mere fraction of its pay. None of the treaties recognized the ex- 
istence of a new nation — the independence and sovereignty of 
thirteen colonies, each by name, were separately acknowledged. 
The public securities were steadily declining, the worn soldier of 
liberty sought his desolated home with only wounds and glory for 
his pay. Not because the country was poor — it was admittedly 
rich in resources that could soon be converted into cash — but there 
was no central power; there were thirteen separately independent 
sovereignties bound together only by a vague something, wmich 
could not be called a charter of union, was illy defined as a 
confederation, and scarcely merited even the title of a league or 
compact. 

Each State had its own army, its own currency and banking 



130 HISTORY OF THE CONSTITUTION. 

system, its own commercial marine, its own system of administra- 
tion, and, above all, its own system of customs duties, one State 
tariffing against another. In short, each State held in itself the 
complete power of the sword and the purse, and only obeyed the 
mandate of the Confederation Congress so far and at such time 
as the State chose. The adverse vote of one State could defeat 
an important law. The plan was in imitation of that of the united 
provinces of the Netherlands in the preceding century — a very 
poor model indeed, and very badly imitated. The system almost 
ruined the united provinces, and was utterly unsuited to a con- 
federation in which the area of a single State was greater than 
that of the Netherlands. 

There had been three governments — Colonial, Revolutionary 
or Continental, and Confederated. The Colonial had ended in 
revolution, the royal governors flying to British ships and the 
people seizing the power; the Continental began to take form in 
the First Congress at Philadelphia, September, 1774, but could not 
be called complete (if at all) till a few weeks after the Declaration 
of Independence; and it expired peaceably in March, 1781, when 
the last State (Maryland) acceded to the Articles of Confedera- 
tion and the Congress, then in session, at once proceeded to act 
under its new powers. The Colonial had expired in revolution 
and the Continental had grown slowly into the Confederated; 
and now the Confederation was dying of dry rot. It only had 
power to ''request" of the States; each successive requisition was 
met with more indifference until, on November 1, 1784, Robert 
Morris announced that he could pay no interest on any foreign 
loans and a very small fraction of the domestic claims, and that 
he saw no way of securing a revenue under the Confederation — 
then resigned his post as superintendent of the finances in a tone 
that seemed like a wail of despair. 

INDEPENDENCE HALL. 
All these years, however, the spirit of union was growing fast. 
There had been from the first a few who could "think conti- 
nentally," as the phrase was. They saw in patriotic fancy a time 
when all this country should form "an empire of free republics 
indissolubly united. " Most active among these were Washington, 
Hamilton, Madison, Gouverneur Morris and Gen. Philip Schuyler. 
They had many ardent supporters; but the mass of mankind are 
naturally decentralizationists. The citizen stands for his neighbor 



HISTORY OF THE CONSTITUTION. 131 

as against the next neighborhood, for his county as against the 
State; he loves his own State, and it is not till it becomes truly- 
great that his heart swells with pride at thought of his nation. 
The States' right principle in our system is one that needs little 
cultivation — only intelligent direction. So the "strong Govern- 
ment Whigs," as they began to be called, worked cautiously. 
Every school boy knows the repeated difficulties Washington had 
with their sovereignties, the States; how often he appealed for a 
stronger central power, how often he had to literally beg the State 
authorities to stand by him. And if the local feeling has more 
than ouce proved too strong within the memory of living men, 
what must it Have been when as yet no glorious memories clus- 
tered about the General Government, when there was but a vague 
promise of union, but an ideal nation. 

*■ Nevertheless, there were a few conditions which made Americans 
one people. Though planted in adverse interests at intervals 
stretching over 126 years, with forms of government varying from 
the extreme of proprietaryship to the extreme Democracy of Con- 
necticut and Rhode Island, representing at least six great 
branches of Christianity, and extremely diverse social and indus- 
trial conditions, the colonies still had many more points of resem- 
blance than of difference. They all had the same language and 
substantially the same literature; they all claimed the liberties of 
Englishmen and judged cases upon principles of the English 
common law; they were all planted by men who longed for a 
larger liberty, and were all swayed by the same necessities as 
against wild nature and the Indians, and most of all, perhaps, 
the native born Americans were similarly transformed from the 
European type by breathing the air and seizing upon the oppor- 
tunities of a new continent. The result was apparent in this; the 
animosities of the Seventeenth century between Puritan and 
Quaker, and Yankee and Dutchman, Protestant and Catholic, 
had yielded so rapidly that in the middle of the Eighteenth cen- 
tury but a trace remained; Catholic Charles Carroll, Liberal 
Stephen Hopkins, and Free Thinking Puritan Franklin joined in 
public devotions without hesitation, and the new comer from 
Europe remarked with amazement that there was already the one 
American type, with local variations less than marked the coun- 
ties of England, from Boston to Savannah. While the Lincoln- 
shireman still laughed at the "babble'' of the Cornishman, and 
both of them regarded the Yorkshireman as an "outlanguidged 



132 HISTORY OF THE CONSTITUTION. 

vurriner," it was but barely possible (and seldom that) in the Con- 
tinental Congress to distinguish the accents of the Georgian and 
the Bostonian. The written language was absolutely one; the 
most acute critic cannot decide by the internal evidence in which 
colony any document of that time was produced. The same books 
were read, and often exchanged the length of a continent, and at 
the foot of the Blue Ridge as at the head of the Hudson were 
many men like Madison and Jefferson, of powerful intellects and 
of vast and varied reading. The Americans were one far more 
truly than the English of that day and more than the English and 
Scotch now are. 

MOVEMENT FOR A GENERAL GOVERNMENT. 

It is not possible to assign an exact date to the movement for a 
General Government — it was in the air. In 1643 the three New 
England colonies joined in a short-lived confederacy against the 
Indians and the Dutch. In 1684 a common movement against the 
Six Nations of Indians united all the colonies but South Carolina. 
The attempt of James II to restrict colonial liberties led to tem- 
porary unions, but the British Revolution of 1688 brought in Will- 
iam and Mary, who restored the colonial charters. John Locke 
then drew up a plan for a captain-general and one assembly for all 
the colonies, but Parliament refused to consider it. In 1697 Will- 
iam Penn (in England) proposed a congress of two members from 
each colony, but the ministry of that day refused it. In 1754 
Benjamin Franklin drew up a very good plan of confederation, 
but could not get it considered. In 1765 nine colonies were repre- 
sented in a conference at New York. Finally, on the 5th of Sep- 
tember, 1774, the first Continental Congress met at Philadelphia, 
and thereafter the tendency toward union was irresistible till the 
Declaration of Independence, July 4, 1776. 

It is not easy to define the powers of the Continental Congress, 
they were so augmented by necessity and so supplemented by the 
colonial legislatures and local committees of safety, which exer- 
cised almost despotic powers. The movement for a better organ- 
ized government was already in progress. Thomas Paine issued his 
brilliant pamphlet in favor of a national government, and Alex- 
ander Hamilton warmly seconded Paine's argument in many let- 
ters and addresses. Paine was a revolutionist, Hamilton an or- 
ganizer; Washington followed as the moderator. He first ven- 
tured to use the word "empire," meaning, as subsequent letters 



HISTORY OF THE CONSTITUTION. 133 

show, an "empire of republics. " After taking command of the 
army, he often urged the members to consider "that power and 
weight which ought of right to belong only to the whole." Four 
years he continued to urge a stronger central power, and in March, 
1779, wrote to George Mason, of Virginia: "I lament the fatal 
policy of the States employing their ablest men at home. How 
useless to put in fine order the smallest parts of a clock unless the 
great spring which is to set the whole in motion is well attended 
to. Let this voice call forth you, Jefferson and others to save 
their country." Yet it took the Congress two years to complete 
the Articles of Confederation, and nearly two more to get them 
sanctioned by all the States, only to find them inefficient within 
six months after their adoption. 

On the 1st of March, 1781, the delegates from Maryland sub- 
scribed the articles; on the 2d it was taken for granted that the 
new government was in force, and within the month several mem- 
bers complained of the want of sufficient powers. On the 16th 
James Madison introduced a new clause, that the States should 
give Congress the power to compel a recalcitrant State to perform 
its obligations. On the 2d of May it was referred to a committee 
of one from each State; on the 20th of July they reported a substi- 
tute, that Congress might in time of war lay an embargo for sixty 
days and name receivers of public money, after it had been col- 
lected by State officers. On the same day Edmund Randolph 
presented the resolutions of the Virginia legislature, that Congress 
"ought to have more power." In July and August Hamilton is- 
sued a series of papers called "The Continentalist," in which he 
vigorously urged a more complete union, a central executive and 
a national revenue. But all in vain. Soon after Cornwallis sur- 
rendered the British hastily concentrated in two or three ports, 
ready for embarking; every one went wild in expectation of an 
immediate close of the war, and the "more perfect union" was 
ignored. Philip Schuyler, Alexander Hamilton and others had 
just before this persuaded the great State of New York to agree 
that duties should "be collected in such manner and by such offi- 
cers as Congress should direct," and Virginia had consented to a 
similar measure; but the other States were so slow that the oppo- 
sition had time to rally, and both concessions were revoked or 
ignored. New York, however, for the first, proposed a convention 
to form a new constitution. Hamilton drafted the resolutions, his 
father-in-law, Schuyler, urged them vigorously and they passed 



134 HISTORY OF THE CONSTITUTION. 

both houses of the legislature by unanimous vote. Thereafter 
they were the platform, the storehouse of texts and arguments for 
the "Strong Government Whigs." Finally, all the States but 
Rhode Island consented to a national revenue from customs du- 
ties; the negative of the one State ruined the scheme, and thus the 
weary see-saw went on four years longer, till the confederation was 
without cash at home or credit abroad, and was fast sinking into 
contempt. In Virginia the issue was debated almost incessantly 
for six years, Washington and Madison leading the nationalists, 
Richard Henry Lee contending for separation and State sover- 
eignty, Patrick Henry advocating only a strengthening of the 
existing confederation. 

Pressure from without had kept Americans united during the 
war; a renewal of that pressure was needed to force a more perfect 
union, and it came exactly at the right time. When the British 
Parliament met after the peace of Versailles, the Liberal element 
proposed a renewal of close intercourse with America and "free 
trade on liberal principles." When asked what guarantees they 
could secure, they were forced to reply that they knew of no 
power to bind the separate colonies. A reaction set in and ceased 
not till Great Britain had adopted the most stringent navigation 
laws and every practical method of crippling the trade of Ameri- 
cans. When this was known in the States, the number of those 
who could "think continentally " increased suddenly and rapidly. 
Virginia especially advanced toward extreme national views. Jef- 
ferson said that his first choice would be no navigation laws, no 
distinction between ports, and the freest possible commerce; but, 
as Great Britain had chosen otherwise, we must have a govern- 
ment that could meet her in the same spirit. Rhode Island, as 
usual, resolved that each State should do its own retaliating; but 
almost everywhere else there was a movement toward union. The 
States began measures to surrender their western lands to the Gen- 
eral Government, and the movement progressed so rapidly that it 
was completed before the constitution. 

Congress had already established a mint and Federal coin. The 
Bank of North America had been set up. Settlements in the 
Western Territory were in rapid progress, and the settlers were 
impatient for exact statements of their relations to government. 
Already Spain was harassing the border with unfriendly legisla- 
tion. Treaties with the Indians were imperative and wars proba- 
ble. Kentucky and her neighbors were demanding, in daily louder 



HISTORY OF THE CONSTITUTION. 135 

tones, free navigation of the Mississippi or ■? On all sides 

foreign or domestic questions pressed the demand for a stronger 
central government, yet a few States held back and the others 
delayed out of deference to them. Meanwhile, Pitt was enforcing 
the British navigation acts against the United States with the ut- 
most severity, and the "Strong Government Whigs " were mak- 
ing converts. The powers of established churches in the several 
States were greatly curtailed, religious freedom became general 
and by local acts the rights of a citizen in any State were freely 
accorded immigrants from other States. And the clause on this 
subject in the Constitution is the only one more obscure, at any 
rate, more awkwardly worded than the laws it superseded. Com- 
merce between the States was being better systematized. In short, 
the country was traveling slowly toward a sort of unity. But the 
war between debtor and creditor was raging with great severity; 
the "soft money men " of many localities dreaded a General Gov- 
ernment which would abolish legal tender paper; there were riots 
in divers places, and Capt. Daniel Shay's rebellion in Massachu- 
setts. Commerce, finance and foreign affairs demanded a stronger 
government. 

On March 28, 1785, commissioners from the two States of Vir- 
ginia and Ma^land, met at Mount Vernon to form a plan for the 
joint navigation of the Potomac — George Mason and Alexander 
Henderson, for Virginia; Daniel- of -St. -Thomas Jenifer, Thomas 
Stone and Samuel Chase, for Maryland, all assisted by Washing- 
ton. Their special work was quickly done, so they discussed gen- 
eral politics, and ended by drawing up a plan of union for the two 
States involving uniform money and taxes. Maryland promptly 
acceded, and asked that Delaware and Pennsylvania might be 
added. Virginia argued these matters till January 21, 1786, then by 
large majorities in both branches invited all the other States to 
meet her in convention at Annapolis, Md., on the first Monday of 
the next September. The Sixth Congress was in session, and 
South Carolina, by Charles Pinckuey, led the movement for a new 
government. He proposed a number of amendments to the 
articles giving the central government more power, but was 
defeated by the extremists. Those who wanted no change and 
those who wanted an entirely new system were alike opposed to 
reform. The Annapolis convention met, but three States sent no 
delegates, and others arrived so late that the short sitting was over 
before they coul4 act. The few present united in an able appeal 



136 HISTORY OF THE CONSTITUTION. 

to Congress to order a national convention. Even this action 
excited violent criticism. The Nationalists were in despair, when 
Madison, of Virginia, raised them again to hope. On his motion 
the General Assembly unanimously resolved on a Federal con- 
vention, to meet at Philadelphia, May 2, 1787, and draft an entire 
constitution to be presented to the States. As soon as the news 
reached New Jersey that State, on the 23d of November, acceded 
and chose its delegates. Pennsylvania followed in December, 
North Carolina in January and Delaware in February. Congress 
next approved the measure, and then the States followed one by 
one — all but Rhode Island, which refused to act as usual. But 
Maryland, distracted by a fight over paper money, did not elect 
till near the end of May, and New Hampshire was a few days 
later. 

On the 14th of May, 1787, the day finally set, only Pennsylvania 
and Virginia were represented; but their delegates repaired to the 
State-house, organized and were soon joined by others. On the 
17th came South Carolina, on the 18th New York, on the 21st Del- 
aware, on the 22d North Carolina. On the 25th William Churchill 
Houston, of New Jersey, previously detained by illness, arrived, 
and so the seven States needed for a quorum were represented — 
from the South, four States, with nineteen members; from the 
North, three States, with ten members. On motion of Benjamin 
Franklin, Washington was unanimously chosen president of the 
convention. On the 28th the delegates from Massachusetts and 
Maryland arrived. It was a convention of learned men. There 
were nine graduates of Princeton, four of Yale and six of other 
colleges; at least seven were of some eminence in literature; one, 
a native of Scotland, had taught in her first universities; a very 
large proportion were well read lawyers, and nearly all had had 
long and valuable training in the State legislatures or Congress. 
And to these men was submitted this problem: How shall we com- 
bine these sovereigns into one sovereignty? How shall we take 
just enough power from the thirteen to form a government suf- 
ficient for all general concerns, especially commerce and foreign 
affairs, and yet leave all other powers unimpaired in each State? 

THE CONVENTION. 
Their work may be detailed historically or analyzed by themes. 
For many reasons the second plan is the better, chiefly because it 
avoids detail and makes the conclusion clearer. 



HISTORY OF THE CONSTITUTION. 137 

Four general schemes were suggested: 

First — The extreme federalist or Nationalist plan: That the 
States should be practically abolished; reduced to mere depart- 
ments, and on their ruins one strong government established — 
"on the British model," added Hamilton. The convention took 
one good look at this plan and rejected it — unanimously. It 
does not appear that they did more than merely listen to its 
presentation. 

Second — The extreme States' rights plan: That the Confed- 
eration should be strengthened a little, so far as to have an inde- 
pendent revenue and exercise some control over commerce, 
each State to retain its absolute sovereignty as before. The 
convention considered this at some length and rejected it, not 
quite unanimously. 

Third — The moderate Nationalist plan. 

Fourth — The moderate States' rights plan. 

Out of the last two, by compromise, the convention evolved 
the present constitution, with the understanding that it was to be 
construed according to the plain meaning of the words on these 
three basic principles: 

First — That the power of the flag, the sword and the national 
purse (and these constitute sovereignty) should be vested exclu- 
sively in the national government. 

Second — That as to these, the public property, especially the 
land, certain general functions, and all foreign affairs, the people 
of the United States should constitute one nation. 

Third — That just enough— and no more — powers should be 
taken from the States to constitute a government for these gen- 
eral purposes, and all other powers remain in the States as before. 

James Madison came into the outline of a constitution already 
formed and employed the days in waiting in urging its main 
points upon the delegates who first arrived. Edmund Randolph 
had elaborated certain principles in addition to those of Madison. 
Washington had drawn up the heads of these constitutions. Pater- 
son, of New Jersey, had a plan which was merely to strengthen 
the confederation. And it was known that Connecticut was com- 
ing with still another. "The New Jersey system," said those who 
spoke first, "is federal, the Virginia system national; in the first 
the powers flow from the State governments, but in the latter they 
derive authority from the people of the States." And even be- 
fore the convention met, the extreme States' right party had 



138 HISTORY OE THE CONSTITUTION. 

sounded an alarm about the Virginia plan. William Jones, of 
North Carolina, refused to serve, as he understood the conven- 
tion was designed to subordinate the States, and was replaced by 
Hugh Williamson, an " original free soiler," who wanted slavery 
excluded from all new States. Patrick Henry, Thomas Nelson and 
Richard Henry Lee, of Virginia, refused to accept their appoint- 
ments, as they would not act under the Virginia resolutions, and 
were replaced by men of much less note, but ardent nationalists. 
Edmund Randolph wavered. His first intent was to vote for a 
mere strengthening of the confederation, but his personal record 
pointed to nationalism as his final position. Though but thirty- 
three years old, he had borne a very active part in the revolu- 
tion and was now governor of Virginia. To him, therefore, was 
intrusted the duty of presenting the "Virginia plan " to the con- 
vention, which he did May 29 in a preamble and fifteen resolutions. 

They declared for a national legislature of two branches with 
specific powers over national concerns ; a national executive to be 
chosen by the legislature and eligible for but one term ; a council 
of revision to examine and approve the acts of the legislature be- 
fore they should go into force ; a national judiciary, substantially 
such as we now have ; a national revenue to be collected from the 
states by quotas, and the right of suffrage in each State should be 
the basis of enumeration for apportioning the quota; new States 
to be admitted on terms of equality, and each State to be required 
to have, and to be guaranteed a republican form of government. 
This plan contained two notable clauses. One provided for repre- 
sentation in both branches, according to population ; the other 
suggested that only "free inhabitants" should be counted for rep- 
resentation. We do not find in the scanty accounts that the latter 
proposition attracted much attention, but the former at once pro- 
voked fierce opposition from the smaller States. Charles Pinck- 
ney, of South Carolina, only 29 years old, presented a series of 
resolutions very similar to those from Virginia, and both were re- 
ferred to a committee of one from each State. 

On the morning of the 30th, Nathaniel Gorham, of Massachu- 
setts, offered a resolution that "A national government ought to 
be established, consisting of a supreme legislative, executive and 
judiciary." Pierce Butler, of South Carolina, now passed over 
from the Confederationists to the Nationalist?, saying that the 
division of powers between three departments, the democratic 
branch coming direct from the people and holding the power of 



HISTORY OF THE CONSTITUTION. 139 

the purse, had removed his objections. So the Gorham resolu- 
tion-passed, Connecticut only voting in the negative ; New York 
divided. Next day the first clause of the Virginia plan, that there 
should be a national legislature of two branches, passed without 
debate, Pennsylvania alone voting in the negative. Three weeks 
later she withdrew her negative and the vote was made unanimous. 
All the powers of the legislature were agreed upon the same day. 
On the 1st of June the executive was taken up and debated long 
and earnestly. The veto power was conferred by the votes of 
eight state against Connecticut and Maryland. The judiciary was 
debated for a week and settled nearly as we now have it. Then 
came the hard fight as to equality of representation ; and the first 
settlement was that each State should have at least one senator 
and others in some proportion to its population. The remaining 
Virginia resolutions were gone through with rapidly, and in thir- 
teen sessions the work on them was complete. But the smaller 
States had been deprived of equal representation, and their discon 
tent soon took active form. 

New Jersey organized and led the opposition of the smaller 
States. Connecticut, by Roger Sherman, had already presented 
and vehemently urged what might be called the moderate States' 
rights plan, but it was merged in the "New Jersey plan," which 
Paterson presented on the loth of June. It provided for a legisla- 
ture with a single house, and was generally less national than the 
"Virginia plan." The convention debated this five days, and by 
the vote of seven States rejected it. In the midst of this debate 
Hamilton introduced his plan — for extreme centralization. It was 
"praised by everybody but supported by nobody," says one mem- 
ber in his memoirs. It was, in fact, a plan for an elective mon- 
archy, with democratic features — very much such a government 
as that of England now is, or would be if the monarch were elected 
"for life or good behavior." From the 19th of June to the 2d of 
July the convention debated almost constantly on one subject — 
the rights of the States, especially the right to equal representa- 
tion. Connecticut now took the lead, and by Roger Sherman pro- 
posed a compromise — that there should be equal representation in 
one branch and proportional in the other. On the 2d of July five 
States voted for it and five against it, Georgia divided and New 
Hampshire was not present. So the matter was referred to a com- 
mittee of one from each State, and, as the convention was in a very 
hot temper over it, an adjournment of three days after the 3d was 



140 HISTORY OF THE CONSTITUTION. 

voted, in the hope that rest and the celebration of the 4th would 
restore harmony. The final settlement was in favor of equality in 
the senate. As soon as this was done, Paterson, Sherman and 
Ellsworth passed over to the Nationalists, and thereafter voted for 
every measure to strengthen the general government. Paterson 
was for the rest of his life an ardent and extreme Federalist. 

The basis of representation in the lower house, or Democratic 
branch, excited long discussions on the slavery question ; but the 
agreement on a three -fifths enumeration of the slaves was nearly 
unanimous. The next ten days were devoted to drawing the line 
between State and National powers, and perfecting the general 
outlines of the constitution. Meanwhile the States had completed 
the cession of their western lands, and congress (the congress of 
the old confederation being in session contemporaneously with the 
convection) had adopted the ordinance of 1787, for the govern- 
ment of the territory north of the Ohio and west of Pennsylvania, 
so the convention's next task was to provide for a territorial 
system. 

From the 17th to the 26th of July the convention debated the 
general outlines of the constitution, adopted some restrictions on 
the powers of the states, agreed unanimously that the States were 
to retain all powers not specifically taken from them, but that it 
was unnecessary to so state in the constitution; appointed a commit- 
tee of three from the north and two from the south to formulate 
the work so far done, and then adjourned to August 6. The com- 
mittee of detail consisted of Gorham, Ellsworth, Wilson, Ran- 
dolph and John Rutledge — the last an eminent scholar of South 
Carolina, of great experience in congress and State legislature, 
being chairman. On August 6 they presented each member of the 
convention with a printed copy of their draft of a constitution, 
and thence to September 10 it was thoroughly discussed in detail. 

From the middle to the end of August slavery was debated with a 
great earnestness and the compromise agreed upon, the word "slave' ' 
being carefully excluded from the constitution. The method of 
choosing the president was long and warmly debated ; the result 
was the most awkward clause in the instrument. The judicial sys- 
tem of the United States was settled with little heat, after which it 
was decided that* the constitution should be submitted to conven- 
tions, chosen for that purpose only, in the States, and should go in 
operation in the adopting States as soon as they numbered nine. 
A committee of five was named to make the complete draft — Mad- 



HISTORY OF THE CONSTITUTION. 141 

ison, Hamilton, King, Johnson and Gouverneur Morris;— and the 
last named wrote the final copy. And now a new difficulty arose ; 
a few members refused to sign the completed instrument, and de- 
clared they would oppose its adoption in their States. Washington, 
Hamilton, Madison and Franklin labored with them most earn- 
estly. Finally all signed it but Gerry, Mason and Randolph. So 
the unanimous consent of the eleven States present was secured on 
Monday, the 17th of September ; the convention adjourned, the 
members dined together and then retired, says Washington, "to 
meditate on the momentous work which had been executed." 

ADOPTED BY THE STATES. 

But the contest was not over. Indeed, the bitterest fight was 
to come ; for only friends of the new constitution consented to 
serve in the convention, while enemies remained at home to fight 
in their States. In Massachusetts, New York and Virginia the 
uproar was terrific. The opponents savagely contended that the 
new constitution was despotic. It contained no bill of rights, it 
made no provisions to secure the citizens against illegal powers ; 
there was nothing about the -right of conscience, the freedom of 
the press, the trial by jury, excessive bails, fines, forfeitures or op- 
pressive military establishments. Its friends replied that the whole 
instrument was a bill of rights, since the general government could 
exercise no powers except such as were granted, and the States 
could devise as many safeguards as they chose. Nevertheless, 
they generally consented that these things should be provided for 
in amendments, though insisting (and truly, too) that they were 
needless. The first fight came on in the congress still in session, 
which was, indeed, asked to approve its own annihilation. Rich- 
ard Henry Lee opposed the new government because it was too 
strong ; Grayson, also of Virginia, because it was too weak. All 
the New York delegates, Melancthon Smith at their head, opposed 
it on the ground that New York could not afford to surrender her 
customs duties. Finally congress decided to submit the constitu- 
tion to the States without special recommendation. But Richard 
Henry Lee was implacable. He and Grayson had been outvoted 
by their three colleagues, and so Virginia was recorded in congress 
as for the constitution. He now stirred up opposition in every 
State, scattering many thousand copies of his "Letters from the 
Federal Farmer." Madison and Hamilton replied in the Feder- 



142 HISTORY OF THE CONSTITUTION. 

alist, while Washington exerted himself in Virginia against Harri- 
son, Nelson and Patrick Henry. 

The Virginia assembly met on the third Monday in October, and 
wrangled till March before ordering a convention; and then the 
date of its meeting was postponed to the first Monday in June, 1788. 
The debates of this convention furnished a most valuable guide to 
the intent of the framers and the meaning of the constitution; but 
this is no place for details. Suffice it that after long and heated 
discussion, and only upon the pledge of its supporters that the con- 
stitution should be amended, the Virginia convention ratified it on 
the 25th of June, 1788, by the narrow margin of 89 yeas to 79 nays. 
In Delaware the legislature hastened to say that it " could not find 
language to express the joy of the people," and called a conven- 
tion at once. That body, as soon as organized, unanimously rati- 
fied the constitution on December 17, 1787. The Pennsylvania con- 
vention met November 20, and after three weeks' debate ratified 
the constitution on December 12, by a vote 46 to 23. Twenty-one 
of the minority signed a protest " that the powers vested in con- 
gress would lead to an iron handed despotism, with unlimited con- 
trol of the purse and sword." New Jersey's convention met De- 
cember 11, 1787, read the constitution by sections for a week, and 
on the 18th ratified it unanimously. So the union of the central 
States was complete. Georgia also ratified unanimously and with- 
out debate, January 2, 1788, firing thirteen guns as the signing 
progressed. Connecticut, with very little opposition, ratified Janu- 
ary 9, 1788, by a vote of 128 to 40. Then came the great battle 
royal in Massachusetts. 

The delegates in that State were elected in the heat and fury fol- 
lowing the Shay's insurrection, and eighteen "rebels " had seats 
in the convention. The friends of the constitution confessed 
themselves in a minority at the start, but they gained by concession 
and the Maine delegates saved the day (Maine was then a district 
of Massachusetts.) For three weeks the opposition offered every 
objection that the mind of man can conceive, religious, commer- 
cial and fiscal, the lack of a bill of rights, the want of a religious 
test, the matters. They then tried all possible schemes of delay; 
another convention was proposed, a reference of the matter back 
to congress, etc. Finally, v when the friends of the constitution had 
promised all sorts of amendments, the ratification was squeezed 
through, February 6, 1788, by the painfully small majority of 187 
to 168. Boston was wild with enthusiasm for the new government, 



HISTORY OF THE CONSTITUTION. 143 

and celebrated with exceeding great joy. New Hampshire had 
substantially the same fight, with variations; so the friends of the 
constitution proposed an adjournment until June, hoping that the 
influence of other States would help them. Finally, on June 21' 
1788, after agreeing to twelve amendments, the ratification was 
carried by 57 against 46. This was the ninth State, and so the 
existence of the new Union was secured. 

Maryland, after a short but very spirited debate, had ratified, 
April 29, by 63 votes to 11. South Carolina's convention met at 
Charleston on the 13th of May, debated ten days, but with great 
calmness and courtesy, and on the 23d ratified, by a vote of 149 to 
73. The New York convention met on June 17, "and debated 
with much earnestness till July 26," then ratified by the close vote 
of 30 against 27, with the understanding that numerous amend- 
ments were to be adopted or another federal convention called at 
once ! North Carolina's convention met July 21, and on the 1st 
of August declined immediate ratification by a tie vote — 184 to 184. 
The next day, however, the convention provided that congress- 
ional laws as to commerce should be in force in the State just as 
if she had ratified. After the new government was fairly estab- 
lished North Carolina acceded, November 21, 1789. Rhode Island, 
as usual, was in opposition to the last; unrepresented in the con- 
vention and in the first congress, she ratified May 29, 1790, the last 
of the thirteen. 



SUGGESTIONS TO TEACHERS. 

It is peculiarly fitting at this time, having successfully passed 
over one hundred years of constitutional government, that the 
pupils in our schools should have placed before them, with re- 
newed patriotic zeal, the value and importance of Our Constitution 
in all its various articles, sections and amendments. This Consti- 
tution, as it is spread upon the printed page, has no distinguishing 
mark of honor or of pre-eminence, but it is nevertheless the cor- 
ner stone and rock of defense of the greatest nation God's sun 
ever shown upon. Teachers, do you appreciate, as you ought, 
your responsibility and your opportunity ? Let the citizenship 
which you may touch, testify, %en years hence, as to your faithful- 
ness in these things. 



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